MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 25, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 25, 2006, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and Deputy County Attorney Shannon Wilson.

 

 

The Invocation was given by Chris Tompkins, Minister for the KLD Youth Foundation (Youth Outreach Program).

 

 

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

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for San Marino Estates Subdivision, with developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.     

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Green Point Subdivision, with developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company dated May 9, 2006 for improvements to Wyndham at Duran.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Richard K. Briggs for construction of Nugget Street in an existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Right-of-way Use Agreement with the Diana Shores Homeowners Association for installation and maintenance of landscape improvements within the public rights-of-way of Diana Boulevard and Artemis Boulevard within the Diana Shores Subdivision in Merritt Island.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise public hearing to be held on August 22, 2006, to consider an ordinance creating Parsley Avenue Road Paving Municipal Service Benefit Unit.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive Phase I Environmental Assessment; and execute Contract for Sale and Purchase with 1120 Wickham Corporation, Sylvester Catalanello, President, for property needed for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept Utility Easement from Spyglass South, LLLP and grant waiver of the Phase I Environmental Site Assessment requirement for Spyglass Hill Road.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Policy BCC-77, Vacating Public Access to Waterfront Property and Policy BCC-81, Vacating County Roads, Right-of-way and Easements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute First Amendment to the Brevard MPO Interlocal Agreement that addresses the change in membership to include the North Beaches Coalition, a shared seat between the Cities of Cape Canaveral and Cocoa Beach.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept the recommendations of the Selection Committee for Continuing Consultant Services for water and wastewater plants; execute Master Professional Services Agreements with Camp Dresser and McKee and Hazen & Sawyer; and approve selection of MWH Americas, Inc. and PBS&J for continuing consultant services under their current Master Professional Service Agreements with the County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve naming Meeting Room Two in the Central Brevard Library as the “Betty” Jameson Armistead Room.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Water Line and Ingress/Egress Easement Agreement and Bill of Sale with the City of Cocoa for the Viera Regional Park Waterline.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Easement to BellSouth Telecommunications, Inc. for constructing and maintaining the communication telephone lines to the new maintenance facility at Palm Bay Regional Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize award to the lowest responsible bidder; and authorize the Chair to execute the associated Contract for renovation of the Singleton Tennis Courts.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Parks and Recreation Director or his designee to execute Florida Power & Light Company’s standard Underground Distribution Facilities Installation Agreements; FP&L Underground Road/Pavement Crossing Agreements; Underground Conduit Installation Agreements; and Transformer Pad Location and Specifications as required for park projects.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution qualifying The Software Specialists, Inc. as a Qualified Targeted Industry.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Tourist Development Council (TDC) Category E – Cultural Events Cooperative Advertising Program Handbook, which includes eligibility requirements, criteria for evaluation, instructions, and application forms.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Policy BCC-03, Conflict of Interest, updating the current Policy approved on December 17, 2002.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Policy BCC-36, Legal Services with Outside Counsel, updating the current Policy approved on July 9, 2002.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Policy BCC-67, Advisory Boards, updating the current Policy approved on July 9, 2005.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to confirm appointment of Craig Simmons as the Mosquito Control Director, as required by the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a special meeting on August 29, 2006 at 9:00 a.m. to hold the first public hearing to consider the Landscaping and Clearing Ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreements with the Town of Melbourne Beach for FY 2004-2005 and FY 2005-2006 First Responder assistance in the amount of $72,303.47.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with the City of Titusville for emergency vehicle transport.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment to Agreement with Advanced Data Process, Inc. (ADPI) for ambulance billing and related professional services; and authorize Fire Rescue to develop an RFP and select a billing agent for ambulance services for FY 2007-2008.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the claim settlement agreement for a patient transported by Fire Rescue to a hospital emergency department not of her choosing resulting in increased cost to the patient, in the amount of $441.23, direct cost to the patient, and $1,125 to CMS, professional billing agent for Cape Canaveral Hospital.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution authorizing the issuance of Industrial Development Revenue Bonds up to $7.5 million for Palm Bay Academy, Inc., a charter school planning to expand in Brevard County.  Motion carried and ordered unanimously. 

 

 

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

 

 

 

County Manager Peggy Busacca requested Item VI.C, Ordinance, Re:  Creation of MSBU for Imposition of Fire Service Special Assessment on Real Property, be heard before 11:00 a.m. as Fire Rescue has to get something to the printer by noon.  Chair Voltz advised the Board will hear the item immediately after Reports. 

 

 

 

Deputy County Attorney Shannon Wilson stated the Board requested a report on the U.S. 1 Golf Center regarding a containment plan and an opinion whether or not a Conditional Use Permit
(CUP) could be revoked; and staff has research the issue and determined that before the CUP could be revoked there would have to be an opportunity to correct the deficiency through the Code Enforcement procedure.  Attorney Wilson stated the CUP was issued quite some time ago; and the Code provides for an adequate opportunity to correct any deficiencies through the Code Enforcement process.  She stated the second option would be to determine whether or not the circumstances at the golf range rise to the level of nuisance; additional time would be needed to make such a determination before filing any legal action; and in the meantime, representatives of the Golf Center have submitted to the County a corrective action plan dealing with netting and a number of other corrections including a vegetative buffer, moving some of the tees, and various other actions. 

 

Commissioner Carlson inquired if it is appropriate to deal with this under Reports, or should it be brought back for discussion.

 

Chair Voltz stated the representatives are present today in hopes of some resolution; and they have agreed to spend $28,600 on the facility. 

 

Commissioner Carlson inquired about the Code Enforcement process Attorney Wilson was suggesting; with Attorney Wilson advising there is a current Code Enforcement action pending, which will proceed forward, and the issue is whether a nuisance action would be advisable.  Commissioner Carlson stated if they submit the plan to Code Enforcement, it would be an administrative issue rather than an action by the Board. 

 

Discussion ensued on the appropriate procedure.

 

Chair Voltz stated the owners have done a great job in trying to address the community issues; this will go through the Code Enforcement process; and all the problems should be resolved.

 

Commissioner Carlson stated it can always come back to the Board for further discussion.

 

 

 

Commissioner Scarborough advised he will excuse himself at 10:00 a.m. and 6:00 p.m. to go serve on the Canvassing Board.    

 

 

 

Commissioner Pritchard stated Mari Lynn Meulman from the Supervisor of Elections Office in Titusville is retiring on July 28, 2006; and she will be missed.

 

 

 

Commissioner Pritchard stated the meeting with the Tico Board is going nowhere; he had a brief meeting with the Executive Director and the Chair of the Tico Board; and it is obvious they do
not want to meet and are doing everything possible to avoid meeting.  Commissioner Pritchard  advised the Tico Board scheduled a budget workshop on the date of the meeting that was set to meet with the Board; and suggested moving the meeting to August 30 or 31 or early September.  He stated staff can poll the Board for a date; with Commissioner Colon requesting that be done today. 

 

Commissioner Carlson inquired if the Board sets another date, what will keep the Tico Board from doing the same thing; and recommended the Board get acknowledgement in writing from the Tico Board for the meeting. 

 

Chair Voltz stated she received an outline of an agenda from the Chair of the Tico Board; she was asked what the Board’s agenda was; but the Board has nothing, so someone needs to put something together in order for them to meet with items to be discussed intelligently.  She stated the Commissioners have ideas in their heads, but nothing is on paper. 

 

Commissioner Colon stated a lot of people want to have discussions at the workshop because they have not been very successful at being heard before the Tico Board; and this is an opportunity to get feedback and have discussion about the millage.  She stated the previous Boards of County Commissioners were also frustrated and had a lot of issues with the Executive Director and the Tico Board; Tico was not listening to the community and had a terrible working relationship with the Commissioners at the time; and when she spoke to former Commissioners Higgs, Andreas, and Ellis, she was told the only way the Tico Board will get serious is if the millage is taken away.  She stated the Board has to have a working relationship with Tico; they want to do some things in the future; and she is interested in taking it to the next level because there are a lot of future projects that include NASA.  She advised of receiving letters and petitions from the community, tenants, and pilots; and stated the Board is frustrated.  She commented on meetings that were scheduled and rescheduled; stated the community thinks the Board does not want to meet; but that is not the case. 

 

Chair Voltz stated she does not want there to be a fight between the Board, the Tico Board, and the audience; it should be very professional; and issues should be done in a way that does not demean.  She stated there are people who want to be heard, but have not been heard; but it should remain extremely professional. 

 

Commissioner Pritchard stated as long as the Tico Board is on the tax roll, the Board of County Commissioners has a vested interest in holding the meeting; but he has a clear impression that Tico does not want to meet and is doing all it can to avoid it.  He suggested setting a date, finding agreement on having the meeting, and moving forward; and stated there is also a question of validity of one of the appointments.  Commissioner Carlson stated one of her recent appointments is not living in the area they were supposed to be; she did not realize that until recently; and she has not gotten someone for that spot yet.  She stated she has questions for staff before she can make another appointment.   

 

Commissioner Colon stated it will be a productive meeting; and she trusts that Chair Voltz will not allow any personal attacks.

 

Ms. Busacca stated staff verified that August 29, 2006 would be clear with all Commissioners’ schedules.  Commissioner Pritchard stated it is not good for one or two of the Tico members. 

 

Discussion ensued on dates and times to schedule the meeting, desire of Tico Board for a non-televised evening meeting, and calling each Tico member individually.

 

Commissioner Carlson stated she had an expense report returned for one of her staff members who went to the Florida Women in Government Conference; and she needs approval of the Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve travel by Yvette Torres to the Florida Women in Government Conference.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon commented on a speaker at the conference that she would like to come and speak to the Board. 

 

 

 

Commissioner Carlson recognized Agent Alan Morrison and Analytical Support Specialist Laura Kline for their actions in training the United States District Court Probation Office on sexual offender registration and tracking system; and read from a letter to Sheriff Parker concerning their work.  She stated she received a letter from Bill Reynolds, President of Six-Mile Creek Homeowners Association, expressing appreciation to Landscape Manager Loren Rapport for his work landscaping the subdivision entrance wall and to Special Assistant Duwayne Lundgren for his assistance in keeping the project moving.  She read aloud a letter acknowledging the assistance received from County employee Susan Mock of the Building Division in obtaining a permit.  She read aloud a letter expressing appreciation to Inspector Mary Lawrence of Licensing and Regulation Enforcement for her help in a dispute between citizens and a screening company.  She read aloud a letter expressing appreciation to Robert Edmiston of Utility Services for his efforts and assistance in providing generator power to the Extreme Dinosaurs Exhibit at the Brevard Zoo.

 

 

 

Commissioner Colon stated the Board has an opportunity to give the community some good information; the County has one of the best and well coordinated aging networks in the State; and the County has not received an appropriate share of State assistance dollars based on the number of elders in the County, so it could be doing a better job of bringing information to the people.  She stated there are 102,000 elders in the community of half a million; and the County fails to attract numerous programs and incentives because the population is not aware of some of the services it could be tapping into.  She stated the Brevard Alzheimer’s Foundation has produced, at its own expense, a radio show called the Elder Hour, which focuses on seniors; and there is an opportunity to air this on Space Coast Government Television. 

 

Motion by Commissioner Colon, to allow the Brevard Alzheimer’s Foundation Elder Hour to be aired on Space Coast Government Television. 

 

 

Commissioner Colon stated they are looking for land in South Brevard to hopefully be donated to the Alzheimer’s Foundation to start another project. 

 

Chair Voltz inquired if it is a video. 

 

Joe Steckler, representing the Brevard Alzheimer’s Foundation, stated in 2000, when they started the Elder Hour radio show, one of the members asked how they would ever find enough information to give to listeners; and they have found that education and awareness are the two things that hamper them in bringing programs to the citizens; people do not know all the forms of assistance that are available to them; and if more people knew about the CMS Medicaid Program, 40 clients a day would bring in $500,000 worth of care a year.  He stated they started a television show called, Aging with Dignity; and it is sponsored by three hospitals; a funeral home; an elder law attorney; Wachovia Bank; the Senior Resource Alliance of Osceola, Orange and Brevard Counties; and the Community Services Council.  He stated they produced the show at their own cost; it will not cost the County a thing; and requested permission to place the show on the County channel.  He advised of other channels that will be presenting the show; they will be starting a weekly elder column in the Hometown News; and they hope to have a column in Florida TODAY.  He stated they are trying to help people become aware of what is available; that is all they are trying to do; and there is no political agenda.

 

Commissioner Carlson stated it sounds great; but everything that has been approved to go on SCGTV has been in collaboration with the County.  She stated she knows the show is non-political; but this is precedent setting; and suggested doing the program in coordination with a County Department.  She inquired if Ms. Nations coordinates that type of programming; with Assistant County Manager Don Lusk responding she has done the most.  Commissioner Carlson recommended sponsorship through a Department so the Board can be sure this is appropriate for the community, and coordination so no precedent is set that could open a door for others.  She stated programming is essential; and there is sponsorship that is paying.  Mr. Steckler stated they produce the show a week ahead of time so they could submit a copy of the disk for review; and they are willing to listen to any constructive criticism.  He stated Don Kramer has volunteered to prepare a senior events calendar for insertion in the show every two weeks, so seniors will be aware of the events taking place in the County; right now there is no one coordinating these things Countywide; and they want to bring together an overall awareness of everything that is available.  Mr. Steckler advised of a man in Winter Park who put his wife in a nursing home, which charged him $7,000 a month and violated everything in the law; and when they found out about it, the nursing home was required to return all the man’s money and the  woman went in on Medicaid as she should have been.  Commissioner Carlson stated all the strategic planning point toward taking care of seniors; but she would like to see a coordinated effort with the County so it has some oversight; and she has no problem supporting it. 

 

Commissioner Scarborough stated there is a need for information; but the Board needs to be careful about setting a precedent because there are many good causes.  He stated there is no reason it cannot be opened to more causes, but the Board needs to look at an overall policy.  He stated anytime there is legal advice, there need to be disclaimers; certain people are going to be relying on the information; the Board should ask for a policy to be brought forward; and in the interim, he would like to ask some questions of the County Attorney to ensure all bases are covered.  He stated anytime there is something on the Government Channel, there may be
some assumptions that the Board has endorsed it; and he would appreciate the opportunity to talk to Attorneys Wilson and Knox to see what the concerns may be before the proposed policy comes back to the Board.  

 

Commissioner Colon stated she is happy to hear the feedback from the other Commissioners; it would be wonderful for the County to embrace this so it would not just be the Alzheimer’s Foundation; and this is going to be something positive.  She stated she would like to have a policy in place because anyone could come to ask the Board to put something on SCGTV; if there was coordination with the County, it would be extremely helpful; and she is looking forward to having a policy in place to ensure that a partnership is in place with the County on everything that is aired. 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to direct staff to bring back a policy to the Board for presentation of shows from non-governmental entities on Space Coast Government Television.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz stated she was at the Veterans Awards Ceremony on Saturday, July 22, 2006, and the Board was presented a plaque. 

 

Chair Voltz stated on Thursday she went to the Lead Brevard Awards Ceremony, and was given a plaque and a box of candy, which she will share.  She recommended the plaques be hung on the east wall of the Commission Chambers.

 

 

 

Chair Voltz stated amendments will be on the ballot; amendment #6 is to increase the homestead exemption from $25,000 to $50,000 for low-income seniors; and she would like the Board to look into it.  She stated it is important to take care of the seniors; and recommended looking at the potential impact of such an action.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to report to the Board on the potential impact of the proposed increase of low income senior homestead exemption from $25,000 to $50,000.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider an ordinance creating an MSBU for imposition of Fire Service Special Assessment on real property. 

 

Chief William Farmer, Fire Rescue Director, stated the issue is the revenue flip; in 2000, the North Lauderdale case provided that a special assessment must provide some type of special benefit to real property; and while the Special Acts and Ordinance provide a different model than what was in North Lauderdale and so are exempt, the City of Palm Bay filed a lawsuit.  Chief Farmer stated as a result of the lawsuit, staff recommended having a backup revenue methodology; they looked at how North Lauderdale solved its problem through a transfer from General Fund to EMS, which moved their assessment above the tax line for non-ad valorem assessments; in order to do that, they had to make room above the line; and the best way to do that was to move the Fire MSTU below the line. 

 

Chair Voltz requested Chief Farmer clarify above and below “the line.” 

 

Chief Farmer stated there is a big bold line on the tax bill; above the line are those things that are based on property value; and below the line are the assessments like Solid Waste and EMS, which are non-ad valorem or not based on property value.  He stated in the course of reviewing the methodology, staff believed this was a more equitable way of proportioning how they fight fires; and it looked at what Fire Rescue really does.  He stated the response to a 2,000 square foot single-family dwelling made of concrete block is the same as to a manufactured home so both units paying the same amount is equitable; and they have to jump on a manufactured home fire much quicker than concrete because they burn well.  He stated Fire Rescue’s response to a commercial boat factory is different than its response to a residential fire and also different than the response to a nursing home or storage facility, so they developed a flat residential rate based on square footage up to 3,000 square feet and a commercial rate based on square footage and the haz code, which is a firefighter experience code that comes from the National Fire Protection Association.  He stated in the proposed ordinance they used this as a multiplier factor to get the rates; and the business designation is a property use code from the Property Appraiser.  He stated the Property Appraiser may say that something is a warehouse with five or six units within it; those units may have a pool supply chemical business operating out them; but Fire Rescue will not know that because there is not that much detail available to them.  He stated one of the issues raised was the desire to make this revenue neutral; and they have done that.  He stated, for instance, in a 2,000-square foot home with a property value of $236,180, in 2005, the person would have paid $578.05 for MSTU and EMS; but with the revenue flip, that same home would pay $490.09.  He stated if this is applied to Fire Rescue’s entire budget, with the 2.2035 millage and the revenue flip, the 2.2035 millage would have generated $39,128,109, and the revenue flip generates $35,719,000, for a savings of $3.4 million, so it is more than revenue neutral.  He stated vacant land has been exempted for the same reason that the EMS issue was raised; they cannot prove beyond a reasonable doubt that there is a special benefit to vacant property although common sense says they are stopping the brush fires; so they are exempting vacant land.  He stated they are going to track their costs for wild land firefighting for the fiscal year; whatever that number is will be put into the budget for the next year so they can recoup the loss; and that will go into the MSTU.  He stated the other outstanding issue is the not-for-profits and governmental properties and whether to apply the assessment to them; initially in the proposal, the answer was yes; and they would still like the answer to be yes.  He advised there are approximately 471 parcel areas, which generate approximately $422,000 a year; and with the exception of one Utility Division property, all pay the Solid Waste Assessment or the Stormwater Assessment or both, so it would be equitable to have them do the Fire Services Assessment.  He stated if the Board chooses to exempt the 471 properties, it will result in a loss of $422,000, which will mean everyone else, commercial and residential, will pay an additional $5 approximately.  He stated the Board needs to provide direction on three cities, Palm Shores, Melbourne Village, and West Melbourne; and he met with Palm Shores and Melbourne Village, and will meet with West Melbourne tomorrow.  Chief Farmer stated Palm Shores does not have a general millage; it cannot generate the money necessary to pay an interlocal agreement; and Mayor McCormack requested the Town be allowed to come underneath the County’s assessment.  He stated as part of the Town’s incorporation, it had a referendum; in the referendum, the Town came under the County as part of the Fire MSTU; and when he goes to the Town Council meetings, he says he is their Fire Chief.  He stated since the Town has no way of generating money to pay a bill, it would like to come under the County’s assessment; Assistant County Attorney Christine Lepore believes this is possible; and he would like Board direction to create a resolution and modify the Ordinance for the next fiscal year.  He stated Palm Shores, Melbourne Village, and West Melbourne will not be charged this year for fire service, and will ride the County’s coattails for the year; but next year the municipalities will have to pay their fair share plus pay back whatever is owed to the County.  He noted because they are smaller, it may take two or three years to pay that back; but it is not in the public’s best interest to stop answering their 911 calls.  He requested permission to write to the three municipalities explaining that the County will continue their fire service, but will have to recoup those losses; and even if any of the municipalities decides to start its own fire service, it will still have to pay back the money for the upcoming fiscal year.  He requested authorization to take action if the municipalities desire to come under the County’s assessment, if the legal staff says that can be done. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize beginning the process to allow Palm Shores, Melbourne Village, and West Melbourne to come under the County’s Fire MSTU.

 

 

Commissioner Pritchard requested an opinion from Attorney Christine Lepore; and inquired why is it the three municipalities do not have the money and how would they generate the money for next year if they do not have the ability for this year.  Attorney Lepore responded that is a question for the municipalities; in order to be under the collection method on the tax bill, the Special Assessment has to be initiated by resolution of the Board by March 1 of any given year; and that resolution includes the legal boundaries of the assessment district, so it would be necessary to include those municipalities within the legal boundary of the taxing unit, which is why they would be able to collect them this year.  Commissioner Pritchard stated Palm Shores started paying for Sheriff’s protection, but Malabar still has not; and inquired what are they waiting for with Malabar.  Chair Voltz advised that is coming up.  Commissioner Carlson advised the Board will talk about it at its next meeting. 

 

Chief Farmer stated Melbourne Village and West Melbourne would be able to generate money to pay the County if they so chose; but Palm Shores has no ability to do so according to the Mayor; and the reason he is asking permission is to allow the other two to do it because they are offering it to one. 

 

Commissioner Pritchard stated he does not have a problem with that; he understands Palm Shores has fiscal constraints; but he wants everyone to be aware that there is no such thing as a free ride and eventually the municipalities will have to pay for the services they receive.  He stated if it is going to be reimbursable, that is fine; and he is looking forward to the next meeting to discuss Malabar.     

 

Commissioner Carlson stated Chief Farmer can address those issues in his communications. 

 

County Manager Peggy Busacca stated Chief Farmer has suggested a letter go out from his office; and inquired if the Board would be comfortable with some kind of acknowledgement in writing coming back from the municipalities so there is a written memorandum of understanding.  She noted sometimes verbally things do not go as well.   

 

Commissioner Carlson stated she will include in the motion having some sort of a memorandum of understanding with the municipalities so there is a clear understanding what the intent is.

 

Chair Voltz called for a vote on the motion as amended.  Motion carried and ordered unanimously. 

 

 

Chief Farmer advised the Board needs to approve the ordinance. 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an ordinance of the Brevard County Board of County Commissioners of Brevard County, Florida pertaining to the creation of a Municipal Services Benefit Unit (MSBU) in the unincorporated area of the County for the imposition of a Fire Service Special Assessment on real property; providing for the continuation of the Fire Fighter Support Referendum MSTU; creating the Fire Service Non-Ad Valorem Special Assessment; providing for definitions; providing for the use of the uniform method for collecting Fire Service Non-Ad Valorem Special Assessment as provided under Florida Statute 197.3632; providing for severability; providing for an effective date.

 

 

Commissioner Pritchard stated the ordinance includes some of the properties that were previously exempt.  Chief Farmer advised they were exempt under the Fire MSTU.  Commissioner Pritchard stated Chief Farmer mentioned that if those who were previously exempted were allowed to maintain their exemptions, it would raise the cost to others by $5; and inquired if any of the entities have been made aware that they may have to start paying; with Chief Farmer responding no.  Chief Farmer advised there was discussion among staff about speaking with those individuals; but there was concern that without Board direction, they may stir up more of a hornet’s next than was necessary.  He noted they are prepared to meet, especially with the School Board, if the Board adopts the ordinance.  Commissioner Pritchard inquired about private and public schools; with Chief Farmer responding they currently pay the Solid Waste Disposal, Recycling, or Stormwater assessment, so they are used to getting an assessment from the County, but they were previously exempt.  Commissioner Pritchard advised public school money is money from the people that ends up in the School Board’s drawer, so all they are doing is taxing themselves.  He stated there will probably be adjustments next year to compensate, but if all exempted properties were to remain exempt, it would raise individual assessments by approximately $5.  Chief Farmer advised it would be residential and commercial.  Commissioner Pritchard stated public money is public money; private money can be generated by increasing fees; but there is no such thing as a free ride.  He stated he has a real problem with churches in particular; $651 might not seem like a lot of money to a larger church; but it is going to impact some of the very small churches. 

 

Commissioner Scarborough stated he will second the motion if Commissioner Pritchard is heading in that direction; this is going to be new; no one has been advised of it; and it is inappropriate to impose a tax without people having an opportunity to discuss it.  He stated people are going to say the Board did this without letting the people know; the Board is only going to be able to say it is sorry; and since there was no public notice, it is best not to do it. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to not surprise people who have previously not paid, but adjust other rates up approximately $5. 

 

 

Clerk of Courts Scott Ellis stated Chief Farmer said this is revenue neutral, but it is not; if the Board does the combined EMS and fire flip, it is a $9 million tax increase; and those numbers are directly from the Budget Office.  He stated they have verified the number back and forth with the Budget Office three and four different times. 

 

Chief Farmer advised since the numbers came from the Budget Office, they may be able to explain better; but what Mr. Ellis may be looking at is the entire budget based on revenue coming from everywhere including grants and transfers. 

 

Mr. Ellis stated what he has is the revenue coming in from the assessments and the ad valorem. 

 

Ms. Busacca stated Mr. Ellis has copies of the funded program changes for the budget; and there are a significant amount of increases.  She advised the increases Mr.  Ellis is describing, the $9 million, are in the funded increases; and it is not the revenue flip that is causing the increase, but acknowledgement of $3.8 million in bad debt and one new fire station. 

 

Chief Farmer stated there is a 24.5% increase; part of that is a $1.8 to $1.9 million salary increase; there is an $800,000 increase to replace modulars with more substantial buildings; there is a $600,000 increase for a new EMS station; and there is $3.8 million in bad debt. 

 

Mr. Ellis noted there is a $9 million revenue increase, so the issues are not where it is going but the increase, so it is not level.  Ms. Busacca advised it is not caused by the way the revenue is being collected; that is the point that Chief Farmer was trying to make; the fact that they are changing the EMS assessment and the Fire assessment by flipping the two is not causing the difference; and it is the increase in the funded changes.  Mr. Ellis advised the point is the County has to have $9 million more in revenue to cover $9 million more in expenditures, so clearly there is a $9 million increase; with Ms. Busacca responding that is true, in the entire Fire Rescue Department budget.  Mr. Ellis stated it has to be paid from somewhere; and the other issue with the assessment concerns the legal notice, which does not include the assessment, so no one has been notified what the assessment is going to be.  Chief Farmer stated that is because it is premature; the ordinance needs to be done first; and once the ordinance is done, then the letters will go out.  He stated hopefully that will happen within the next 50 minutes; that will have both the rates on it; and it will have the advertisement of the rate resolution, which is how they normally do assessments.  Mr. Ellis stated he is looking at Chapter 197 of the Florida Statutes; with Chief Farmer responding that is exactly what they are following as they did last year.  Mr. Ellis inquired if the Board is going to impose an ordinance with no assessments,
noting the Agenda item has no assessment numbers on it.  Chief Farmer advised the ordinance from EMS does not have rates; rates are part of the rate resolution that is adopted by the Board; first the ordinance is adopted to give the legal standing for there to be charges; and then the rate resolution is reviewed and approved or disapproved by the Board.  Mr. Ellis deferred to his attorney. 

 

Attorney Doug Baker with the Clerk of Courts Office, stated Chapter 197.3632 (4) provides the notice requirements at least 20 days prior to the public hearing; and the public notice in Florida TODAY is dated July 7, 2006, which is only 18 days prior to today, so it does not comply with the 20-day notice requirement.  He stated another issue that fails on the notice is that it does not contain a proposed schedule of the assessment; the Statute says the assessment will be collected by the Tax Collector, but the notice does not make that statement; and most importantly all affected property owners have a right to appear at the public hearing and a right to file written objections within 20 days of publication of the notice, but that is not contained within the notice.  He stated he understands Chief Farmer’s issues; but Chapter 197.3632, F.S. contains clear and explicit notice requirements; and advised of case law from Port St. Lucie where the court overturned and the Fourth District Court of Appeals upheld the refund of a non-ad valorem stormwater assessment.  He advised there is a strict notice requirement; but in this case that notice has not been met. 

 

Commissioner Scarborough inquired if Mr. Baker said the court required the refund of money; with Mr. Baker responding yes.  Commissioner Scarborough advised he needs to go serve on the Canvassing Board; recommended Mr. Baker and Ms. Wilson confer; and requested a recess of the meeting.    

 

The meeting recessed at 10:10 a.m. and reconvened at 10:21 a.m.

 

Attorney Christine Lepore stated the Board is properly noticed to proceed with the public hearing to consider the ordinance today; the 20-day notice they are trying to get out before noon will be for the hearing where the assessment rolls will be adopted; and the action today is the ordinance and the approval to notify property owners of the assessment. 

 

Mr. Baker advised that addresses his concerns.  He stated it was his understanding the Board was going to attempt to adopt the assessment today, in which case it did not comply with the public notice requirements; but it is now his understanding that by adopting the enabling ordinance, it appears the Board has complied with the notice requirements.  He stated during the break he received the proposed letter from Chief Farmer; and apologized if he overstepped.  He reiterated he understood the assessment was to be adopted today, in which case everyone agrees the notice was not met; however based just on the enabling ordinance, he is okay with it.  He requested an opportunity to review the letter; advised he has Assistant County Attorney Morris Richardson’s phone number; and he will speak with him this afternoon to review the proposed notice.

 

Chief Farmer requested Mr. Baker review the notice now as they are trying to get it out by noon, and the letter is waiting to go to the vendor.             

 

Assistant County Attorney Morris Richardson advised Ms. Lepore has done a great job; the letter and notice are proper; the Clerk was under the impression the Board was going to adopt an assessment today; but clearly that is not what they are here for.  He stated the notice is going to comply with all statutory requirements; and the only reason the letter was not sent yet is because staff was waiting to see what the Board wanted and how it wished to treat the previously exempt properties.  He stated that issue has been resolved; Chief Farmer can send the notices; and they need to get out to meet the August 22, 2006 meeting guideline. 

 

Commissioner Colon stated to be perfectly clear, a letter was sent out last year by Solid Waste, Stormwater, the Fire Department, and so forth; and the Board was adamant that staff was not to send out letters until the Board approved them.  She stated staff has been after the Board to approve the letter and send the notice for weeks; so the Board has to take some kind of responsibility.  She stated they were worried that the letter was not going to be self explanatory; but the Department has been after the Board to hurry and send the letter so there could be plenty of notice. 

 

Chair Voltz stated staff is fully capable of making decisions; and the Board knows what it is doing despite what some people might think.  Mr. Baker advised that is in the eye of the beholder, and they will see. 

 

Chair Voltz stated there is a motion on the floor; with Commissioner Pritchard advising there was a previous motion to his motion.  Chair Voltz stated the  previous motion was to go forward, and the second motion amended it.  She stated the amendment to the motion would be to keep the exempt properties exempt.   

 

Commissioner Pritchard inquired if the $5 increase would bring in $600,000; with Chief Farmer responding it would be $422,000.  Commissioner Pritchard inquired if the $422,000 could be absorbed in Chief Farmer’s budget; with Chief Farmer responding no.   

 

Commissioner Colon stated she is more comfortable with the fact that those are going to be exempt and it will be $5 across the Board; that is more fair; and there will be folks who will be upset, but at least the notice will take place.  She stated she was uncomfortable with certain folks not having received notice.   

 

Chair Voltz inquired if this is going to affect Barefoot Bay tremendously; with Chief Farmer responding it may be true that Barefoot Bay and Snug Harbor will be affected more because there are more manufactured homes.  Chair Voltz stated their assessment was going from $57 to $104; but that has all changed.  Chief Farmer advised it is going to affect everybody; if someone bought a home in 1945, because of the value and what taxes are based on, they paid less; but now they are going with a flat rate across the Board, so they will end up paying more.  He stated that will happen to everybody, and no one has been singled out.  Chair Voltz inquired if this is strictly because of the revenue flip because of the lawsuit with Palm Bay; with Chief Farmer responding affirmatively. 

 

Mr. Richardson stated the County Attorney suggests that based on the concerns the Board had about the non-exempt being aware of the item even though the Board is going to maintain the exemptions, the Board can still give direction to staff that the notice go out today so it meets the

August 22, 2006 deadline, continue the issue of adoption of the ordinance to the meeting in two weeks, and readvertise the public hearing to consider the ordinance in two weeks.  Mr. Richardson advised the Board would move to continue consideration of the ordinance to the meeting in two weeks; direct staff that the notice go out today regarding the actual assessment amounts, and hear the assessment on August 22, 2006. 

 

Chair Voltz advised she is confused.  Ms. Busacca stated Mr. Richardson is suggesting an abundance of caution approach.  Mr. Richardson stated the Clerk raised an issue with notice; so out of an abundance of caution and in the interest of giving the most notice possible, the Board can direct today that the exemptions are going to stay in place, which gives staff direction on what needs to go in the letter of notice that goes out today for the assessment; and the Board can continue the public hearing to consider the enabling ordinance to a meeting in two weeks.  Chair Voltz inquired if the Board is not going to do the exemptions; with Commissioner Scarborough responding no.  Commissioner Scarborough stated it is okay to give instructions regarding the exemptions, but rather than get into the notice issue, the Board can continue the public hearing; and in an abundance of caution, the main motion would not be considered, the maker and seconder of the motion would remove those from discussion, and the amendment would become the main motion. 

 

Chief Farmer stated the EMS Ordinance has to be opened; if the Board approves this ordinance, he has the same deadlines to get the EMS Ordinance opened to change that revenue methodology; and he has to have one revenue system in place before he gets rid of the second one.  Ms. Busacca stated they could be considered at the same meeting; and inquired if one was considered at 12:01 p.m. and the other at 12:15 p.m., would that be sufficient; with Mr. Farmer responding they could do that.  Chair Voltz advised she does not understand what is being said. 

 

Commissioner Carlson withdrew her motion to adopt the ordinance; and stated the Board can clarify and start from the beginning.  Chair Voltz removed her second; and recommended Commissioner Scarborough remove his motion to amend the main motion.  Commissioner Scarborough withdrew his motion. 

 

Chair Voltz stated the Board is not going to do the assessment for those who are exempt.  Mr. Richardson advised the first issue is for the Board to say it is going to maintain the exemptions. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve maintaining exemptions as they were previously.  Motion carried and ordered unanimously.

 

 

Mr. Richardson advised the second issue is a motion to continue consideration of the ordinance until the next meeting.  Commissioner Scarborough inquired in which sequence will they do that.  Chief Farmer requested permission to open the EMS Ordinance for revisions and bring back both ordinances in two weeks; and stated he will notice both of them for the ten days.  He advised the Board will need to take the Fire ordinance first, and then take the EMS Ordinance. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing to consider Fire Assessment Ordinance to August 8, 2006; and to grant
permission to open the EMS Ordinance and bring back to the August 8, 2006 meeting, to be heard prior to the Fire Assessment Ordinance.  Motion carried and ordered unanimously. 

 

 

Mr. Richardson stated the final issue is direction to staff to send the letters reflecting the assessment amounts and that those will be considered by the Board on August 22, 2006. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to send out letters reflecting assessment amounts to be considered with all 471 properties exempted as they were previously.  Motion carried and ordered unanimously.      

 

 

 

Chair Voltz read aloud a resolution proclaiming the week of July 30 through August 5, 2006 as Clown Week.  A representative of Brevard Clown Alley #88333 advised Clown Week is actually August 1 through 7, 2006.    

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming the week of August 1 through 7, 2006 as Clown Week.  Motion carried and ordered unanimously. 

 

 

President John Anderson of Clown Alley expressed appreciation to the Board; advised there will be activities all week; and distributed noses, stickers, candy, and bears to the Commissioners. 

 

Commissioner Colon inquired what is the president’s professional name; with Mr. Anderson responding Uncle John. 

 

Another representative of the clowns advised of a clown school starting on September 11, 2006 at the Dove Magic Shop in Cocoa and a big clown show on August 12, 2006 at Eau Gallie High School Auditorium.  Clowns Be-Be, Tootie, Uncle John, Jimbo, and Duckweed introduced themselves. 

 

Chair Voltz advised she will have the Resolution changed and forwarded to the group.

 

 

 

Larry Weber, Executive Director of Keep Brevard Beautiful, Inc., stated one of the hardest challenges for any non-profit group is fundraising; and expressed appreciation to George Geletko of Waste Management for forming a committee to hold the First Annual Space Coast Charity Golf Tournament on June 9, 2006 at Suntree Country Club.  He advised they were able to raise over $10,000 for nine different charities; they gave $2,000 for the first prize, $1,500 for the second, $1,000 for third, and $500, for fourth place; and they went to the charities of the winners’ choice.  He stated the City of Palm Bay won first place; Commissioner Voltz’ team won $1,500; and Commissioner Carlson won $1,000.  Mr. Weber advised Commissioner Carlson donated her prize to Keep Brevard Beautiful; and he is here today to present three $500 checks to Commissioner Voltz, one to Junior Achievement, one to Honor America, and one for the Cystic Fibrosis Foundation.

 

Chair Voltz presented the checks to representatives of Junior Achievement, Honor America, and the Cystic Fibrosis Foundation.    

 

Mr. Weber advised of a special radio program that will be presented by Honor America on Patriot’s Day, Monday, September 11, 2006. 

 

Commissioner Carlson stated the reason she turned over her prize to Keep Brevard Beautiful is because the group has been a wonderful organization throughout the years in keeping the County clean and beautiful and helping other organizations.  Mr. Weber stated Keep Brevard Beautiful just celebrated its 25^th anniversary; and the golf tournament was established to help as many non-profit groups as possible.  Commissioner Carlson stated Keep Brevard Beautiful got some great recognition in the newspaper today; and displayed a cartoon from the newspaper.

 

Commissioner Pritchard stated this was the first year for the golf tournament; he was pleased to be part of it; next year it will be even bigger; and commented on challenges.  Mr. Weber stated he was very impressed by the caliber of golfers at the tournament. 

 

Commissioner Carlson stated the District 4 team had a lot of Suntree Country Club pros; and one of them actually qualified for the U.S. Open. 

 

 

 

Commissioner Carlson read aloud a resolution recognizing the achievements of Eagle Scout Alexander David Hunt.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing the achievements of Eagle Scout Alexander David Hunt.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to Mr. Hunt, who advised of his future plans. 

 

 

 

Ron Hite, with the U.S. Fish and Wildlife Service, stated the good news is he has a check for $284,000 as part of revenue sharing; but the bad news is the amount could be twice that.  He stated the Revenue Sharing Acts takes into account revenues that are generated on wildlife refuges, but that is never enough to fully supplement the entire program; and Congress has to
decide whether it wants to fund the program at 100%.  Mr. Hite stated most people are aware of the Merritt Island National Wildlife Refuge, but that is not the one that is generating the revenue; the refuge generating the revenue is the St. Johns National Wildlife Refuge and Archie Carr Refuge on the South Beaches.  He commented on the tourism benefits of the refuges, benefit to adjacent lands, fire suppression efforts, and work with law enforcement.  He stated they have been in the County since 1963; they are looking at ways of opening greater opportunities on some refuges for more public use; and they are working with Commissioner Scarborough on some things on the St. Johns National Wildlife Refuge.  He stated this is one of the most austere times they have ever experienced; they may be losing 20% of the workforce because of this; but they will continue to deliver the revenue sharing check, although from now on it will be transferred electronically.   

 

Commissioner Scarborough stated Mr. Hite is referring to properties behind Fay Lake Park; the studies being conducted will allow them to enter into agreements where the County will be able to manage some of the federal properties; and that would allow Fay Lake Park to become much larger and more user friendly. 

 

Mr. Hite presented the check to the Board. 

 

 

 

Commissioner Scarborough stated the Board has been asked for quite a few extensions; and inquired if the applicant is present.  Ed Lyon, Permitting and Enforcement Director, stated the applicant was notified that the item was on the Agenda, but he does not see him.  Commissioner Scarborough requested the item be placed on a later agenda so the applicant can be present because he would like some explanation.   

 

 

 

Kenny Boyd distributed pamphlets; and stated he does not like to ask for assistance, and prefers less government, more private liberties, and independence from government; but the issue of illegal immigration is important because of national sovereignty.  He stated the federal government seems to be doing little; and he provided the Board with supporting material concerning creation of a North American community, which is similar to the E.U.  He stated on the front page of the material is the NAFTA superhighway corridor, which is called the international corridor and runs from Mexico all the way to Canada; it is privately developed; and a development agreement has been signed.  He stated a lot of communities within the United States have been doing things and working to put ordinances in their communities to protect Americans from the effects of illegal immigrant workers; the Board should consider the fact that the County and people within the County use illegal immigrants for labor; and requested the County take a proactive step to insure that occupational licenses or some sort of violation of the law be enforced.  He noted Palm Bay just went through a process of trying to do that; but there are a lot of other communities that have been doing it as well.  He stated it is said that these jobs are ones that nobody in America wants; however, he says they are the jobs that his children grew up doing to learn the values of hard work and they are also an important avenue
for low-income people who need certain jobs.  Mr. Boyd advised of a demonstration in France showing what happens when the job force or labor markets suddenly decrease; and stated he thought the Board would be interested in seeing the guidelines for building a North American community.

 

 

 

Martha Franco stated she watches faces closely; and she is glad to see that County Manager Peggy Busacca’s and Commissioner Scarborough’s faces are still visible.  She stated one should make the most of every day as time does not stand still; what one does today will matter the most; and success is not dependent on what one says but on what one does.  She stated she came to speak about Dixon Boulevard; she is upset when she looks around the Government Center at all the fancy things when the County does not have roadways that are passable; and she has been to third world countries that have roadways that are better.  She stated in 46 years the County has done nothing with Dixon Boulevard; requested the Board do its job fully and completely rather than half done; and stated it should either be done right or not at all.  She commented on the cost of road per mile; stated what the Board has done is shameful; and she cannot understand why there is no money for the road but there is $300,000 to study the environment.  She commented on the number of Code Enforcement officers, cleaning the environment, and paving over Dixon Boulevard being unacceptable.  She advised the ditches are ridiculous; the foliage is growing up; soon there will be trees there; and every year when she does Trash Bash she cleans out the ditches.  She stated the ditches are deep and dangerous; if someone gets killed there or has a bad accident, there could be a lawsuit; and it makes no sense to her.  She stated it reminds her of how Spain treated the people; the Government Center is like a castle, but there are roadways that are dangerous; and with hurricane season coming up, the County is not addressing the drainage.  She stated the areas need to be cleaned up for the benefit of the City; and commented on the City of Cocoa.  She challenged the Board to go forward and not just put a layer of concrete on the road; stated if it is done for political reasons, she does not like it; and the Board needs to address this again and make the roadway safe and passable.  She advised she had surgery on her eyes last week; now she can see the roadway better; and it is even worse now that she can see it more clearly. 

 

 

 

Richard LeAndro stated this is the sixth year he has been working to get catwalks installed under the new Max Brewer Bridge; at all levels of government, they keep talking about the aging population and what is going to happen to them; and six years ago he came up with a plan to help the aging population.  He stated he asks seniors why they do not go fishing anymore; they are thankful they are aging longer because of medication; but the more medication one takes, the more they are warned to stay out of the sun; and the same is true for veterans in that they are getting better treatment.  He stated he provided the Board with a copy of the last written concept the County made for catwalks under the new bridge; he showed the Board previously the Roosevelt Bridge in Stuart, Florida; and Commissioner Scarborough asked for a resolution supporting catwalks under the bridges so seniors, disabled people, or anyone else could take a book out under the bridge and enjoy the water, the dolphins, and the manatees while having
cool breeze and shade under the bridge in the summertime.  He stated people could fish or do anything under there; they will enjoy life better; but all that happens is talk about the aging process with very few people doing anything about it.  Mr. LeAndro reiterated he has been working on this for six years; he went through the entire process with the City, the County, and with Commissioner Scarborough’s blessing with Parks and Recreation; and he had meetings with the design engineer for the State, Dan Metz concerning the height of the railings.  He advised of getting the average heights of men and women because the State wanted to put railings so high that women would have a hard time dipping shrimp so they have done everything they could do.  He stated they were full speed ahead until someone in FDOT at the local level threw a cog into the wheel; and it is causing problems.  He stated a lot of people in the area had to give up fishing and use of the waterway because of the sun and medication; someone needs to fight the bureaucrats; and inquired if other areas like Stuart can have something for their community such as he showed in the pictures, why is Brevard County a second-class citizen.  He sated he is going to keep pounding on everyone to get this for the community. 

 

 

 

Susan Browning stated she has been going to the North Brevard dumps since the day they were opened; but when she went recently, she was told she could not dump there because she was longer than 30 feet.  She stated people are starting to dump in the orange groves or on the sides of the roads rather than go all the way to Cocoa; there are two dumps in North Brevard that most people cannot use because they cannot go in with a normal sized trailer; and requested the Board look into the issue.  She stated they have scheduled a meeting on
August 1, 2006.

 

Commissioner Scarborough stated he is going to the facility with Ms. Browning and Solid Waste Director Euripides Rodriguez; and Mr. Rodriguez will make a comment later because there are others interested in the problem.

 

Ms. Browning reiterated the problem with dumping on roads, and having two dumps that the people cannot use.   

 

 

 

Joan Wheeler stated at the last North Brevard Parks and Recreation meeting that she attended, Councilman Ken Ward also attended and asked when they were going to find out what was going to be the use of Marina Park; they spent over three years trying to get that straightened out; and they thought it was straightened out.  She stated the plans for the park have been at City Hall for a year; the cost is approximately $80,000; but according to the public record, the City and County are studying this to find the highest and best use for the park.  She stated the plans have already been made; the North Brevard Parks and Recreation Committee made its decision; but now it seems to be in the hands of the City and the County, although no one seems to know who is doing the study or making the decision that they thought was already made.  She stated it seems the public is not in on this; she asked another Council member who
is making the decision, and he said the County although he did not know specifically; and one would think a City Councilman would know since the City had so much input on this.  Ms. Wheeler stated she would like to know what is going on, who is making the decision, and who is studying this; she heard the term “working waterfront”; that does not sound like what they had before; and a working waterfront attached to the marina is not able to be permitted because of the dedication of the park.  She stated the City Council rezoned to make a new use for property on the south side of the marina to allow a builder to build condominiums; it was a full-service marina with a dry-dock; and she does not know what is going on now; but she would like to find out and for it not to be decided behind closed doors.

 

 

 

Thelma Roper stated Ms. Wheeler’s comments about Marina Park were good; and this needs to be looked at because it has been a battle.  She stated it needs to be built; she does not know who keeps bringing it back and wants to redo it; but the only way it will be stopped is if it is built the way the public was told it would be built when they voted to spend the money on it.  She stated the catwalks under the bridge would be very useful for the disabled, the elderly, and the very young; the Veterans’ Memorial Pier is a good thing and needs to stay; and there are going to be a lot of people fishing on the pier.  She stated the pier gives a lot of room, but puts people in the sun and the heat; the RFP for the concession stand is on the Agenda today; but the catwalks would give an added measure of protection for those that normally would not be able to be there or would have to limit themselves in using the pier because of medication that limits their time in the sun.  She stated there are many medical conditions; there are some medications that would allow a person to do everything; but the medication itself does not allow the person to go out in the sun.  She stated if a person who likes to fish has to take one of these medications, then that person is limited, so the catwalks would be a very good thing, and the Board  needs to support them being in the design and built when the bridge itself is built. 

 

 

PUBLIC COMMENT, RE:  MARINA PARK (CONTINUED)

 

Walter Pine stated it seems this never ends, but at some point it needs to; there was a set of plans that he thought were supposed to be built; but now they are reevaluating that.  He stated it would appear that if they keep redoing this over and over, there is something disingenuous about the plans they have now because it was clear that the public participated; and the public may or may not have agreed, but it was adopted; but nothing has been done with it.  

 

Chair Voltz inquired if Mr. Pine is talking about Marina Park; with Mr. Pine responding yes.  Mr. Pine stated they are a few years down the road and are evaluating it to see if it can be done another way; but it seems at some point when they say they are going to do it one way, they should do it that way and not keep waiting a few years and changing it more because it seems there is an intent to eventually move this to something else.  He stated the catwalks are something that should be done; they would expand the recreation use of the area; and it is a good things as long as it is not used to diminish the Veterans’ Memorial or to supplant other areas.  He stated it would be an added recreational area for the community; it is in a good location; people used to come from all over the State to the pier when it was open and full
length; and catwalks could not hurt, so he would hope the Board would support them.  Mr. Pine stated as far as the marina, he would hope the Board would go through with what it has instead of spending money to see something else; and advised he will not be present when the Board considers the contract for the Veterans’ Memorial.  He stated the federal government has used veterans preference just about forever and it has not negatively impacted the ability to get people to contract; so even though there are some comments that veterans’ preference may negatively impact people contacting, the Veterans’ Memorial, of all places, should have veterans’ preference.               

 

Commissioner Scarborough inquired if Mr. Pine has enough time before he leaves to mark a copy of the concessionaire item so the Board will have his comments on the issue; with Mr. Pine responding he will be glad to.  Commissioner Scarborough suggested Mr. Pine meet with Cheryl Page before he leaves. 

 

Bea Polk advised she has been working on this for years, before it even went to referendum; and every time they think it is settled, it is started over again; the Board put the referendum on the ballot; and it is time to get it settled one way or the other.  She stated she does not know about working waterfronts; and inquired if it is going to be used for the dry-dock that the City wants inside its marina.  She stated her son owns a boat; she hears talk; and they want it because there is big money in dry-dock; but it is not what the Board put on the referendum.  She stated she helped to get people to pass the referendum because of Marina Park; from the day she came to the County, she has fought to keep the park; and she has asked the city if there is gold under the park because it is so important.  She stated the Board put on the referendum for ballfields; and recommended they get started doing what they promised when the people voted for it.  She stated she heard there may be another referendum; the public is outraged to think that the Board would start another referendum; and commented promises that were made, keeping control of the park, and getting things settled once and for all.  She inquired how many more meetings will they have to appear at to stand up for what the public wants and how many more dollars are they going to pay out and then drop the project aside.  She stated they have already taken $150,000 out of the park referendum; and inquired how much more are they going to take out of this one referendum project before doing something. 

 

 

 

Commissioner Colon commented on the Palm Bay City Council meeting that occurred last week; stated the issue needs to be looked at closely; and the Board needs to be careful how it handles it because what she saw at the Palm Bay City Council meeting was not something she would want to see at the County Commission meeting.  She stated the United States is a nation of laws; protecting the borders needs to be a priority; and she is in favor of that.  She advised the borders are in Canada and Mexico, not just Mexico; and after September 11, they cannot put their heads in the sand and act like everything is okay because illegal immigration has been going on in the country forever.  She stated even the ones on the Mayflower were illegal immigrants because Native Americans were here first; therefore, everyone present is illegal, so it is important to be careful how this situation is handled.  She stated they are pumping a lot of money into enforcement concerning drugs, but people are still using drugs; there are still illegal drugs; the ones getting richer are the drug dealers; and just saying no to drugs is not taking the
problem away.  Commissioner Colon stated this immigration issue is extremely sensitive; people claim that it is because of protecting the country from terrorism; but a lot of ugliness comes out and then there are those who are truly concerned.  She recommended the Chambers of Commerce help with the issue because that is where the business community is.  She stated comments were made by the elected officials from the City of Palm Bay about “those” people; she believes that people should be here legally and stand in line just like she, her parents, and her grandmother did; they are a nation of laws; and they have to protect themselves.  She commented on countries in the Middle East having to protect themselves from others, and the United States dealing with terrorism.  She stated they have started securing the country’s airports and borders; and she is in favor of that; but locally, they need to be careful how they handle the situation.  She stated everybody involved needs to come together to decide what the County has to do to look at this problem; some people were saying illegal immigrants were taking jobs from folks; and that is something they need to look at as a community to see if it is happening.  She stated she has a problem with just adopting an ordinance so the Board can look good and say it attacked the problem of illegal aliens and terrorism; and it would be more productive to get everyone involved including law enforcement, elected officials, the business community, and the Chambers of Commerce.  She commented on arresting people, meetings with the Sheriff’s Department regarding the issue, concerns about issues on the beachside, speaking to Senator Haridopolos about the issue, and being part of something proactive.  She stated the Board has no control over what is going on outside of the County; but it can try to see what it can do in the County to come up with something that would be proactive and bring all the folks involved together.  She cautioned the Board to be careful in how it handles this issue; stated she has seen its ugly head pop up in ways where she is trying to figure out what people’s real intent is; she is not saying Mr. Boyd has an agenda; but she was concerned about some of the materials Mr. Boyd submitted about the discussions that are happening at the United Nations and at the Washington, D.C. level.  She stated she is an American although she has an olive complexion and dark hair; she could probably pass for someone who is coming here; but she is an American first; and that is the message that needs to come home so the ugly side of racism does not pop out.  She stated she is willing to be part of any kind of solution the County can come up with to protect itself; and commented on citizens stepping up to the plate, handling the situation delicately, and after September 11, people of Middle Eastern descent having problems.  She noted Puerto Ricans are American citizens; she is hearing there are a lot of Hispanics in the community; but these are not illegal aliens but United States citizens who have concerns about the implementation of certain rules and regulations based on racial profiling.  She stated it is very scary; it is based on rumors; and she knows that is not what Mr. Boyd is interested in.  She inquired if the federal government is not doing something, what can the local community do to help itself; and stated she wants the Board to be sensitive in handling this. 

 

Chair Voltz stated she agrees. 

 

Commissioner Pritchard stated the issue has nothing to do with profiling or racism, but is about being illegal; and there should not be a band-aid approach to this when it needs a comprehensive approach.  He stated the federal government is not doing much of anything but talking; and it would behoove the State to take the initiative.  He stated in order to get the State motivated, it will probably have to come from the counties and the delegations; and he has no solution and will not propose something that would just be flamboyant because he does not think that is the way to go.  He stated they all realize there is an issue of legality; if someone is
an illegal alien, they should be deported; and he does not see why the country condones what it does or has the openness that encourages this.  Commissioner Pritchard stated Americans cannot own property in other countries or fly another flag; but when immigrants come to American, there is no disincentive; and they really need to develop a disincentive.  He stated the issue of legal immigration has always prevailed; that is why the United States is a melting pot; but there is an overabundance of illegal aliens who have come from a variety of countries; and that is wrong.  He stated the problem has mushroomed; it has become almost at critical mass; and it needs to be addressed. 

 

Commissioner Pritchard stated regarding Dixon Boulevard, he has spoken to the Cocoa City Council, which is in complete support of what is being done.  He stated this is a $1.5 million project, not an $11 million project that some would like to see, but it does have the support of the Cocoa City Council, and will begin in September.  He stated this will include the resurfacing of Dixon Boulevard; installation of crosswalks; intelligent transportation systems, which is primarily lighting; and the cleaning of the ditches; and it will have the appearance of a new road.  He stated Michigan is being done right now; Clearlake Road is next; Friday Road and S.R. 524 have been completed; and S.R. 520 will begin this year.  He noted the year for FDOT starts July 1, so all the projects are underway; Dixon Boulevard is going to be vastly enhanced; and it is going to be a beautiful addition to the neighborhood. 

 

Commissioner Scarborough stated people in North Brevard care and that is a good thing; and there is probably no one who has driven a project more than Richard LeAndro.  He stated the Board would not be talking about catwalks if Mr. LeAndro had not brought some pictures to him; the Resolution will help; he talked with the District Secretary of FDOT; and the issue right now is FDOT does not want it directly under the bridge because of concerns about ability to do maintenance.  He stated when he talked to the Secretary of FDOT, he said they wanted it as close under the bridge as possible and that there would be a resolution of the Board saying the same thing; and a couple of things have happened because of the efforts of people like Mr. LeAndro.  He stated the bridge was a County structure; the County got it taken back by the State; and that is $40 million the people of the County do not have to take from Transportation funding to build a bridge.  He stated they were not going to put a catwalk; Mr. LeAndro brought the information; they have never done catwalks in Brevard County; what was mentioned the other day was giving the County the old bridge; but Parks and Recreation advised against it because of liability.  He stated with Mr. LeAndro’s help, he would like to bring back a resolution; and inquired when that will be coming to the Board.  Transportation Engineering Director John Denninghoff responded he is hoping to have it on the August 8, 2006 Agenda, but if not, it will be on the August 22, 2006 Agenda. 

 

Mr. LeAndro stated this boils down to who is going to be responsible for the maintenance of the catwalks; they are giving up a million dollars a year that was in the original plan as the estimated cost to maintain the old bridge; those plans would leave 500 feet on each side of the old bridge for fishing; but with the catwalks underneath, they would not have to worry about that, so they are saving on this overall.  He stated it is a 75-year old bridge; it could last up to 100 years with new type fiber coated structures and engrossed concrete; and the committee worked the catwalks using the same technology and the same type of concrete.  He stated the State would like to put metal rails; but he worked with FP&L for 42 years and knows how many people when lightning tracked along a metal rail, so they designed concrete rails so it would be a safe
structure.  He inquired if the pier is built with the same materials as the bridge, how long will it be before they have to worry about maintenance of the pier; and commented on the resolution.  He stated he already talked to Dave Road of the Florida Inland Navigation District (FIND) in the year 2000; FIND said it is a great idea and would help pay for the catwalks; so if it is built right, there is not going to be that much maintenance.  He stated if the resolution states that the County will take the responsibility of maintenance on the catwalks, which is a deciding factor that could sway this the County’s way.

 

Commissioner Scarborough stated a year ago, the State wanted the County to contribute a million dollars but did not know what it was going to build; and they have moved back to their putting catwalks into the design build and the County coming up with a half million dollars.  He stated the County is trying to work itself into the State doing the catwalks; it is an ongoing struggle; and it is with Mr. LeAndro’s efforts that this has happened.  He stated the resolution will be prepared; and he will get a copy to Mr. LeAndro to make sure it says the right things.  Mr. LeAndro stated no one has contacted him yet, and he is the one that got this issue started.  Mr. Denninghoff noted he does not have a draft yet. 

 

Commissioner Scarborough stated one of the worst things that happens is when people cannot find a legitimate place to dump and dump on other people’s vacant property; Code Enforcement goes out and cites the property owner for their property being dumped on; and it is almost like someone got mugged in the parking lot and then the police arrested them.  He stated he is glad Ms. Browning recognizes the problem; apparently there has been a change in policy as previously the larger trailers were accepted; and he and Mr. Rodriguez will be meeting to look at that. 

 

Commissioner Scarborough stated this is not the first time the marina issue has been brought forward; Sand Point Park is moving into what is called the Westland Marina, which was rezoned by the City; the City has certain rights to acquire the marina that is there; and last week the Board had a lady talking about the loss of that marina.  He stated to say a City Marina and Marina Park are independent is not correct; Marina Park, through the efforts of Ms. Polk and others in the community was prevented from being taken and going into private hands some years ago; and he has been told continually that cannot occur because the City does not hold title to Marina Park, but has a declaration of usage, which only says for public purposes.  He stated while that exists, there cannot be a condominium built there or anything of that nature; City Attorney Dwight Severs has advised the Council of that fact over and over again; and there is now a question that was raised whether there is a market-driven use of marinas down there and should the City exercise its rights to acquire the Westland property and expand the marina into that area.  He noted this would involve the marina but not a dry-dock because the City Attorney has opined that the City cannot have a dry-dock because that would be commercial as opposed to recreational.  He stated the issue for the City Council was going to be to take the General Revenue money and subsidize marina activities for the benefit of a few boat owners, but it would not fly; the City Council would want to know there is sufficient cash flow; and when Commissioner Pritchard brought up the issue about a marina on Merritt Island, the Board asked the same question, whether it was economically feasible and was there a market for cash flow because that is a critical issue.  He stated he would like everyone to have all the information; he would like staff to prepare a report for the Board; and then if people want to make comments on a document, all the information will be provided, historical as well as the current depictions and maps.            

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to prepare a report for the purpose of discussion on Marina Park including historical information, privatization or public usage, and current depictions of maps.  Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard stated in reading about the Roosevelt bridge project, it says the older span was removed and taken out approximately seven miles offshore to become an artificial reef.  He stated he has been pursuing having the remnant of the S.R. 528 westbound span taken out into the ocean to prevent people from over-fishing the Oculina Reef; the fragments could be placed to create an artificial reef; but he is running into a lot of problems dealing with the various agencies that would allow this to happen.  He stated at the next Board meeting he will be requesting someone of authority to give a presentation to the Board about the problems with trying to be proactive in utilizing a structure, the components of which are of no further value, but could become something of further value, and how the Board could move forward to get around some of the obstacles.  

 

 

 

Chair Voltz called for the public hearing to consider a resolution accepting improvements and adopting final assessment roll for Serna Avenue Road Paving MSBU. 

 

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution accepting improvements and Final Assessment Roll for the Serna Avenue Road Paving Municipal Service Benefit Unit.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz inquired if anyone wishes to speak to the item; and no response was heard. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept settlement from NUFIC in the amount of $350,000; authorize execution of appropriate documents, as approved by counsel, to carry out the settlement; and authorize continuing litigation against Palmer & Cay.  Motion carried and ordered unanimously.   

 

 

 

Chair Voltz inquired if anyone wishes to speak to the item; and no response was heard. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive Section 62-2883(d), allowing the 15-foot buffer tract to be placed in easements on the lots; Section 62-2956(1), allowing the roadways to be placed in 40 feet of right-of-way with five-foot easements on both sides to total 50 feet in width; and Section 62-2956(a)(3) allowing the cul-de-sacs to be placed closer than 100 feet to the plat boundary for Riverwind Subdivision.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz inquired if anyone wishes to speak to the item; and no response was heard.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution qualifying The Software Specialists, 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. 

 

 

 

Chair Voltz inquired if anyone wishes to speak to the item; and no response was heard. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute State-funded Subgrant Agreement with State of Florida, Division of Emergency Management, to enable the Emergency Management Department to conduct site visits and hazard analysis of Section 302 facility’s extremely hazardous substances and to allow the County Manager or her designee to sign all subsequent documents associated with the grant.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 11:53 a.m. and reconvened at 1:04 p.m.

 

 

 

Commissioner Scarborough commented on understanding the cost runs, the beer and wine issue, and insurance.  He stated beer and wine are normal sales; but on Friday and Saturday nights, there are increased sales of beer and wine, which would drive more profits for the
concessionaire; but that also results in increased problems at the pier, which make it less user friendly for families.  He requested staff come back with information on how the County can operate the facility; and recommended proceeding in that mode. 

 

Chair Voltz inquired in what mode; with Commissioner Scarborough responding not proceeding with the Agenda item.  Chair Voltz advised four people wish to speak. 

 

Commissioner Scarborough inquired if the Board did not proceed with the RFP, but reconsidered the potential of the County being the operator of the facility without beer and wine sales, would the speakers still wish to speak; and no response was heard. 

 

Commissioner Pritchard inquired what Commissioner Scarborough means without beer and wine sales.  Commissioner Scarborough responded the Board was going to put out an RFP for a private concessionaire to operate with beer and wine sales; the County cannot sell beer and wine; but if they do not go to beer and wine to make it more family friendly on Friday and Saturday night, that would afford the opportunity for the County to operate it and not put it out for RFP.  Commissioner Scarborough stated if the Board runs the concession for a period of time first, it will have a better idea of what a responsible RFP is as opposed to just having a new operation and will have more information.  Chair Voltz stated it will let the Board know if it can function financially without beer and wine.  Commissioner Scarborough stated it will be a more user friendly pier.  Commissioner Pritchard inquired if the Board is treating this differently than it does other concessions; with Central Services Director Steve Stultz responding this is a similar RFP to what the County has done in the past for golf course concessions, but he does not recall whether they incorporated beer and wine sales. 

 

Chair Voltz stated this is not in line with the Agenda; and she would suggest following the Agenda.  Commissioner Scarborough stated he would suggest not talking about it today.  Chair Voltz stated the Board will decide when it gets to it.  Commissioner Scarborough stated this is in District 1; he has spent some time on the issue; and he will not vote to proceed with the RFP today.  Chair Voltz stated when the Board gets to the item, Commissioner Scarborough can make that decision.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table consideration of permission to advertise for and accept proposals for operation of the Titusville Veterans’ Memorial Fishing Pier Concession to August 8, 2006.  Motion carried and ordered unanimously. 

 

 

Chair Voltz inquired if Joan Wheeler, Thelma Roper, or Walter Pine wish to speak; with no response being heard.

 

 

 

Chair Voltz called for the public hearing to consider a resolution adopting 2006 Evaluation and Appraisal Report for submittal to Florida Department of Community Affairs.

 

Planning and Zoning Director Robin Sobrino stated they are bringing the Evaluation and Appraisal Report on the Comprehensive Plan to the Board; pursuant to the Statute, they are required to review the Plan every seven years to ensure it is fresh and current with the needs of the community as well as being consistent with the State regulations; and during this exercise staff goes through a series of different types of evaluations.  She stated the first is to look at the latest data they have regarding land uses and population trends in the County; the second portion of the report gets into the existing Comprehensive Plan, its objectives and policies; and they look to see whether those policies are still current and relevant or whether they are obsolete and no longer reflect the desires of the Board.  She stated for the most part the policies and objectives of the Plan are on target; a number of them have already been accomplished; but they want to see them maintained as policies as most are still relevant.  She stated the next portion deals with the new Statutes; they have enacted a number of growth management requirements since the last time the Comprehensive Plan was visited; and a number of new work projects will be set forth that the County will have to accomplish within the next few years.  She stated some will be accomplished through subsequent Comprehensive Plan amendments; but they deal largely with proportion of fair share, mitigation for transportation concurrency, updating the potable water element, adopting a financially feasible capital improvements plan; and also having a school concurrency element; and these items are due between December 2006 and December 2008, so it will be a phased-in adoption process for those types of amendments.  She stated one thing that is different this year is that the State allows the County to look at what it considers to be local important issues for growth management; in the Spring there was discussion about big picture concerns that might be addressed in the Comprehensive Plan; and they have set forth the items with suggestions so the Board and staff can start thinking about how to implement some strategies for some of the major issues.  She stated some of the things they have discussed time and time again with the Board have been affordable housing strategies, encouraging smart growth, dealing with transportation infrastructure needs, and strengthening intergovernmental coordination; there are several optional elements that the State allows a jurisdiction to consider that come with some incentives; and the Board may wish to consider over the next year the creation of a community vision, which may be either the County’s own community vision or through participation in the MyRegion.org seven-county community vision.  She stated the Board may wish to consider adoption of a rural land stewardship program to protect agricultural lands; and it may wish to consider the viability of establishing an urban services area to help limit sprawl.  She reminded the Board that this exercise is a report card on the County’s Comprehensive Plan, and it will help them start looking toward the next year as to what the Board might want to do with the Comprehensive Plan.  She stated the items that are discussed do not obligate the Board to adopt any specific types of policies or objectives to further them, but at least it will put them on the table for consideration and discussion by the Board and the community.  She stated staff has brought the EAR to some of the advisory groups; the Local Planning Agency heard it a week ago and made recommendations; the LPA particularly had concerns with some of the language in the community issues that were identified in the environmental section; and there was discussion that it was the Board’s interest to deal with endangered wildlife protection, but the LPA also wanted listed species to be under that umbrella.  She stated the LPA suggested when the Board discusses protection of coastal resources, it needs to remember that goes beyond just the beach itself and applies to the shoreline of the lagoon; and the Board should make sure that smart growth policies are supported by Land Development Regulations.  Ms. Sobrino stated they also went to the Citizen Resource Groups; one of the concerns raised by the Environmental Group dealt with the objective on minerals, which deals with land alteration and private lakes; and the suggestion was to make sure that the Board closely evaluates its policies regarding minerals.  She advised the Infrastructure CRG expressed some reluctance about making a motion regarding the EAR Report; it was explained that the group would have ample opportunity to explore any concerns during the Comprehensive Plan update process; but the group felt some discomfort that it did not have ample time to review the document; and one of the things that was mentioned was that agricultural lands may not be protected to the fullest extent possible.  She stated while they believe that opportunity will be presented to them during the Comprehensive Plan process over the next year, they respect the group’s lack of a recommendation.  She stated the Land Use CRG also made some recommendations; the group was very concerned about the distinction between how Indian River County and Brevard County are developing; it wanted to make sure the County’s Comprehensive Plan went to the necessary lengths to help protect the ultimate buildout of the community; and this is the first step on what will be a year-long journey by the County.  She stated the Evaluation and Appraisal Report will be sent to Tallahassee for review for sufficiency; once it is found to be sufficient, the County will be directed to go to the Comprehensive Plan amendment process, also known as EAR-based amendments; and the County will have one year to complete those, although the Statute does provide for a six-month deadline extension on the process in the event it is needed.  She stated staff hopes it can be accomplished within the next year’s time; today she is just presenting the Board issues for consideration; the rubber is going to hit the road when they start going through the update process where they will meet with the Board and the Advisory Groups on an element by element basis; and that will be the opportunity to fine tune positions on all policies and objectives.  She stated at this time the purpose of the document is to look back on where the County has come over the last seven years and set a very broad course as to the direction it wants to go. 

 

Chair Voltz stated later in the meeting people will be asking to put two amendments onto the Charter; they both are related to growth; and inquired how that would affect what staff is doing.  She inquired if it passes in November, will staff then have to incorporate it into the entire process, and will the timing be okay.  Ms. Sobrino responded if something comes out of the referendum in November, staff would have time within the update process to address what might be necessary; she feels a lot of the issues may affect the intergovernmental coordination element and how the County does concurrency; currently the County takes its direction to the Florida Statutes for concurrency; and it is obligated to follow the standards and process that is set forth for the jurisdictions. 

 

Commissioner Carlson stated on the second page of the Agenda item is a flow chart; and inquired if they are currently at number seven, the first public hearing of the draft; with Ms. Sobrino responding they are actually at number eleven; the flow chart had some assumptions that did not fit the Brevard County staffing experience; and as a result, they had to compress the completion.  She stated they have conducted the necessary public hearings to have the required public participation; but they are actually at step number eleven with the public hearing
to adopt the EAR.  Commissioner Carlson inquired if they are not required to have two public hearings; with Ms. Sobrino responding no, it would be nice to have it brought back on several occasions for discussion, but they are meeting the minimum standards for public hearings.  Commissioner Carlson inquired if staff has incorporated the commentary from the CRG, LPA, and Budget Review Group; with Ms. Sobrino responding staff brings the comments to the attention of the Board, and then ultimately staff takes direction from the Board on the content.  Ms. Sobrino stated that is why she touched on some of the key concerns of the advisory boards; and if the Board finds it appropriate to address those, she will be glad to have them inserted into the document before transmittal to Tallahassee.  Commissioner Carlson stated she does not know if it is appropriate or not, but she does not want the commentary to be lost; and it would be appropriate to have the suggestions on paper and before the Board when it considers the elements.  Ms. Sobrino responding staff will have the minutes in final form.  Commissioner Carlson stated based on Ms. Sobrino’s overview, she would agree with most of the comments; she knows Indian River County is doing different things than Brevard County; and it would be nice to get more feedback.  She stated the Board had a joint meeting with the Indian River County group; and it was interesting how that County had done certain things. 

 

Chair Voltz stated she got a phone call asking if the Board wanted to have another joint meeting.  Commissioner Carlson stated this would be a good time to do so, based on some of the comments.  Chair Voltz requested the County Manager try to set that up. 

 

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

 

Commissioner Carlson stated under the optional local issues, she hopes the Board will continue with the three items that are listed, which are the community vision, the rural land stewardship program, and the establishment of urban services boundaries. 

 

Commissioner Pritchard stated he had a call from a representative of the agriculture community who was concerned; and he has a feeling there will be concerns from a spectrum of the community.  He stated it is due August 1, 2006; and inquired if there can be an extension.  Ms. Sobrino responded staff inquired about that, but there is no provision for an extension.  Commissioner Pritchard stated there is a provision for a year for the update and perhaps six months after that, so there will be plenty of opportunity for those involved to comment; and the Board can then adopt changes. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution approving the 2006 Evaluation and Appraisal Report for submittal to the Florida Department of Community Affairs.  Motion carried and ordered unanimously, with Commissioner Colon being absent. 

 

 

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

 

 

 

John Comella, Jr., President of Brevard County Professional Firefighters, stated originally he came before the Board to discuss the half-Cody; since then he understands the Board has interest in installing the full Cody pay implementation; and if that is the case, they have an opener in their Contract, which gives them an opportunity to negotiate that.  He stated before they completely walk away from the half-Cody discussion, he wants to say they came to the Board looking to get half-Cody like the rest of the County employees were given; he understands it was not a negotiated item; but they were asking the Board to look at it like it did for everyone else.  He stated they have been led to believe that if they talk to the Board about it, their Contract is going to be reopened, the wage article removed as they know it today, and it will be replaced with whatever the interpretation of the Cody Study is, which could cause some people to lose money.  He stated he cannot go in that direction; but he wants the Board to understand that the offer of Cody from staff was not fully represented as a tangible thing for the Union to ascertain whether it was a good or bad plan.  He explained they were given management’s plan, which was tangible, and Cody, which was a blank piece of paper; stated they repeatedly asked for the numbers but could not get anywhere with that; and that is his heartache with it.  He stated the Board knows they can reopen the Contract and sign an MOU; it is not precedent setting; it has been done in the past; and if the Board chooses not to do that, it has that right, but they are looking for full Cody implementation if the Board goes in that direction. 

 

Bob Furci, representing Local 2969, Brevard County Professional Firefighters, stated he is before the Board to resolve some problems in his Department; he works 24 hours at a time and loves his job and the people who make up Fire Rescue; and the problem to be resolved is low pay, which once fixed will slow down the turnover rate and increase morale dramatically.  He recommended implementation of the full-Cody in October with a ladder to reach the recommended top-out salaries; and compared the issue with rescuing someone on the second story, not having a long enough ladder, and telling the family that the rescue was almost within range.  He requested the Board do what is right and get them all the way there, not just within the range; and stated in the past they have sat quietly and been told there was no money, which was okay; but the 2004-05 budget for Fire Rescue was $55 million, in 2005-06, it was $70 million, and in 2006-07, it is $80 million, so there is money to have a competitive wage.  He stated the public survey showed that Fire Rescue had the best rating of any department in Brevard County; and advised of the County’s ranking in Firehouse Magazine as 36^th in the busiest of U.S. Fire Departments and publication of an article written by Carl Thompson.  He stated when he watches the Commission meetings on television, he sees the Board patting Fire Rescue on the back for a great job; recently they transported close to 100 patients from the Port in one single incident; and requested the Board fund the full Cody study amount with a ladder to get them to the top pay.      

 

Chris DiSciascio expressed appreciation to the Board for its efforts to obtain a fair and equitable salary over the past year; and requested the Board ask staff to reopen their wage article in order to institute full-Cody to all the members. 

 

Jim Tolley District Vice President of Florida Professional Firefighters representing Brevard, Volusia, Indian River, St. Lucie, and Okeechobee Counties, stated he assists in many contract negotiations; and thanked the Board for the open door that has been displayed many times in talking about many issues and the good things that the Board has done for the County.  He stated it appears there is a fairness issue; he watched the debate on the Code issue before and it was mentioned that the firefighters were in negotiations and it would be illegal at that time to give them a pay raise. 

 

*County Attorney Scott Knox’s presence and Deputy County Attorney Shannon Wilson’s absence were noted at this time.

 

Mr. Tolley stated he knows of no one who would file an unfair labor practice; and commented on County employees receiving a raise last year, the salary survey, and a similar problem in Okeechobee County.  He stated a lot of employees from Okeechobee County were coming to Brevard County at one time; Okeechobee County’s training and education budget was through the roof; as soon as it had an employee capable of providing the service it wanted, they left and went to other cities, so Okeechobee County addressed it, although it could not address it all at one time.  He stated various entities have said they would like to get from point A to point B; the County cannot do it at one time but can implement it in stages; typically there is a minimum cost of living raise of 1 to 2% and there may be a maximum; and there can be a two to three year plan to slot these people where no employee loses anything.  He stated employees above the maximum are typically redlined or frozen; they may get lump sum raises; they still attain the same amount of increased income in the year, but it does not go on top of the base pay that would put them above the ranges.  He commented on recruiting quality employees, training, starting pay, fairness, negotiations, every employee getting half-Cody, and phasing in three-quarters or full-Cody.  He reiterated it is a fairness issue with the firefighters now because they are the only employees who do not get the half-Cody. 

 

County Manager Peggy Busacca stated the Cody study gave pay raises to 48% of the County employees, so when someone says everyone got Cody that is really 48%.    

 

Human Resources Director Frank Abbate stated when the Board discussed implementation of the Cody Study, the IAFF issue was not addressed because they were in the middle of negotiations; but subsequent to that date, negotiations continued and then were concluded.  He stated the union had everything that staff had in terms of what Cody and Associates recommended, which included a minimum and a maximum salary range for various classes; there were lengthy discussions on how it was put together for the rest of the County; and after those discussions, there was a proposal that was put forth by management, which was accepted.  He stated they did discuss that if the Board went to full implementation of the Cody Study, they would like to readdress it with them; there is a provision in the Contract that provides for 4% increase in October 2006; and there is also a provision that if the Board should decide to do more than half-Cody for the rest of the County employees, the IAFF Contract would be opened.  He stated that is on the table; and there is correspondence concerning implementation of the Cody Study and renegotiating the wage article.  He stated he brought it to their attention that if that occurred, he would encourage them to begin talking so they could get ready for the full-Cody type wage plan that would have to be negotiated with them for October; and when the Board makes the decision of what to do in the future, they will go forward with Article 68, which provides the wage opener, and begin renegotiations.  He stated subsequent to the discussions in February and March, they completed and negotiated a contract that the union leadership agreed to, and the membership ratified; it was a comprehensive and all inclusive contract with the provision that the union requested concerning full-Code implementation; and that language is in the current version of the agreement.

 

Chair Voltz stated at this point the Board has decided to go to full-Cody, so the agreement will have to be reopened.  Mr. Abbate stated as soon as the Board authorizes full implementation of the Cody Study, they intend to open the agreement and begin negotiations; it is not a done process because Cody does not provide a step plan or what to do within ranges; and those are negotiable items that they will move forward with.  Chair Voltz stated the Board has to pass the budget first; but they have decided in preliminary discussions that they are going to go full-Cody; and it would be a travesty not to include Fire Rescue.

 

Commissioner Colon stated the Board needs to be careful because negotiations are negotiations; and it would be premature for the Board to set limits or caps.  She stated they are able to meet with the Negotiation Committee, which fights hard for the members, as does Chief Farmer; and the members do not see that; but she would like to put on the record that Chief Farmer wants to give the firefighters everything he possibly can.  She stated she wants to make sure no one has a false sense of security that this is a done deal; they have to go back and negotiate, compromise, and see what is best; and the Board is proud of the firefighters.  She stated she does not want to tie anyone’s hands at this point; she wants to make sure that they are able to open the discussions to try and see what would be the fairest thing to do; and not every County employee was able to take advantage of the Cody Study, only 48%.  She stated the rumors are that every County employee was taken care of; a lot of County employees were very upset because they felt that they were not being fairly treated and compensated; and they were very good workers that the Board is proud of; but the firefighters need to understand they are in the same situation.  She stated she hopes Chief Farmer and Mr. Abbate try to work out the numbers and see what can be done; no matter what raise the firefighters get it is not enough to be able to say what they do for the County; and Chief Farmer has made it perfectly clear when he met with her that he wishes the Board could give them more.  She commented on Chief Farmer fighting behind the scenes for wage increases, making sure there are funds for increases, reopening negotiations, and making sure the lines of communication remain open.  She reiterated she does not want to tie anyone’s hands; they will see what funds they have and have discussions as soon as possible; but this is going to be a tough year because the Board is discussing whether to go a full percent with the 10% or whether to cap it, which makes a huge difference.  She reiterated she is proud of the job done by the firefighters; she knows Chief Farmer is proud of the firefighters; this is a sensitive issue to be discussed in public; but once it is all said and done, she thinks they will do the right thing. 

 

Commissioner Pritchard stated the Cody Study was intended to provide comparative compensation with other jurisdictions; the County had become a training ground; other areas have suffered the same problems; and the County should be a leader in this.  He stated he does not see any precedent on what is being done; there is a wage reopener clause; the Board has funded the full-Cody for those who are going to be receiving it; and inquired if it is $350,000 or $400,000 for Fire Rescue.  Chief Farmer advised they have not priced out the Cody Study recommendations because they do not know how to do it.  Commissioner Pritchard stated he thought at some point there was discussion about the potential impact; but regardless the intent behind it was to do as they are doing.  He stated the firefighters have the opportunity to reopen the wage article and negotiate; and even though the Board is not voting on a motion to move in that direction until it gets to the second phase of the discussion later in the budget, when it talks about millages, everyone will see where this is going. 

 

Commissioner Carlson clarified if the Board does pass the Cody implementation through the budgetary process, the clause will allow the contract to be reopened; it is staff’s intent to reopen; and no Board action is required to do that.  Mr. Abbate advised the Board would vote to authorize full implementation of the Cody Study for the non-bargaining unit; then the provision provides that either the union or the County may, within 60 days of that action, reopen the wage article; and it would be staff’s intention to do that upon the Board authorizing the full implementation. 

 

Chief Farmer stated it was mentioned earlier that if they went to full-Cody, there might be some throwing away of the step plan that currently exists; but he does not believe that was the intent.  He stated they have not had the executive session; but that is not anything that the management group has talked about supporting; and they have always talked about doing Cody on top of the current step plan.  He stated he appreciates the Board’s comments; the Board has always supported Fire Rescue; this year hopefully the Board will drop the gavel on their budget; and this will be one of the first times that there is an increase in taxes, so they can increase wages.  He stated the comment about not tying their hands is important; one of the issues that causes them to not be the leader in salaries is the way the step plan is structured as far as percentages; and unless the union changes its positions, one of the things they would like to look at is a set percentage between steps that is more universal.  He stated he does not know if the County can afford to do that; but if they can under the Cody minimums and maximums, that would greatly enhance them as leaders as far as pay.  He stated he does not mind if they are in the top middle in Florida as they are in the top middle of departments; but in Brevard they should be the top moneymaker. 

 

Commissioner Pritchard stated he is very familiar with the step plan; he has been on both sides of the table; and that type of implementation is necessary to the career ladder within the Fire Service.                      

 

Mr. Comella stated if there is a date when the budget will be set; with Chair Voltz responding the Board is setting tentative millage today.  Ms. Busacca advised the final budget hearing is September 26, 2006. 

 

Commissioner Colon advised once the millage is set today, it cannot go up, and can only come down.   

 

Chair Voltz thanked Mr. Comella and the other firefighters for coming today; and she hopes everyone understands what is done today.  Mr. Comella inquired if the half-Cody implementation was done; with Chair Voltz responding yes.  Commissioner Pritchard stated the half-Cody recommendation has been implemented to those employees who are eligible to receive it; and the Board has taken the initiative to implement the full-Cody, which is the second phase, to those who are getting it; and that will open the door for the firefighters.  Commissioner Colon noted it is still only to 48% of the employees, not everybody.

 

 

 

Chair Voltz called for the public hearing to consider adoption of FY 2006-07 ad valorem millages. 

 

Commissioner Pritchard stated one of his concerns at the Budget Workshop was the real bottom line to the average homeowner; and inquired if it is a $158 refund on the County portion of the tax bill and will that be offset by the EMS/Fire flip that has been done.  He stated he does not want to have sticker shock when the tax bills come and have people asking what happened to their $158 they were supposed to get if they had a $230,000 house.  He stated he figured his property was average; it will be appraised at $231,616; and staff’s numbers show a decrease in the property tax he would be paying for the County portion of my tax bill.  He stated he does not know what will happen on the school side; but his assumption is it will probably be a wash, although the School Board was talking about severe structure problems it was going to have with construction.  He inquired what was the average property assessed value that staff was using for its analysis of the $158 return.  Commissioner Colon inquired why Commissioner Pritchard is calling it a return; with Commissioner Pritchard clarifying it is less tax.  Budget Director Dennis Rogero advised the amount is the median valued home in the County as of April 2006, which is $224,800; and they added the maximum Save Our Homes assessed increase of 3%, and then reduced it by Homestead Exemption of $25,000.  Commissioner Pritchard inquired what is the EMS/Fire flip going to do to the average homeowner’s tax, and will it go up or down from what they paid last year.  Mr. Rogero advised with the elimination of the EMS assessment and the creation of the Fire Assessment, combined with the millage rates the Board of County Commissioners has control over, it is anticipated there will be a bottom line decrease to the average homeowners tax and non-ad valorem assessment bill.  Commissioner Pritchard stated that would be dependent on there not being an increase due to construction, a pool, etc.  Mr. Rogero advised that is correct; and it also excludes any consideration of other non-ad valorem assessments, such as stormwater, disposal, etc.  Commissioner Pritchard stated the MSTU’s are fixed at a dollar amount and are always operated at rollback; and inquired if any others are operated at rollback, such as Mosquito Control.  County Manager Peggy Busacca advised Mosquito Control is not.  Commissioner Pritchard inquired about Library Services or Law Enforcement; with Mr. Rogero responding no.   Commissioner Pritchard stated there can be slight increases in those; with Mr. Rogero responding that is correct.  Commissioner Pritchard stated he is showing decreases on his.  Assistant County Manager Stockton Whitten stated those are the ones that are not at rollback; and in addition to those, the Parks and Recreation voted operating millages are not at rollback; but everything else that was not mentioned, excluding Parks and Recreation, are at rollback.  Ms. Busacca stated that would be Road and Bridge District MSTU’s, the Environmentally Endangered Lands-1991 and 1994, and Port St. John/Canaveral Groves Recreation MSTU are at rollback.  Mr. Rogero inquired if Commissioner Pritchard was looking at Library Services where the millage is decreasing next year compared to the current year; with Commissioner Pritchard responding yes.  Mr. Rogero advised that is correct; it is above rollback; but it is decreasing from the current rate.  Commissioner Pritchard stated it is the same for TICO, Law Enforcement, and Mosquito Control; the millage is decreasing; and it may not have hit rollback, but it has decreased.  Commissioner Pritchard stated he is looking for no surprises. 

 

Commissioner Scarborough stated yesterday he talked with Ms. Busacca who sent previously suggested millages; then he got something about the 10% issue; and the interesting thing was it was the General Revenue that was adjusted.  He stated there are lots of different ways to look
at this; the Board has said Mosquito Control is not an issue as nothing will be done with that millage; and there have been issues with funding libraries.  Commissioner Scarborough stated there is one level of discussion that says to pass the millage and discussed the line item budget later, which is wise because September is when the Board has to finalize the budget; but there are some decisions that have to be made today, although he wishes they had more time to consider them.  He stated there have been and will continue to be library discussions; he was advised the additional millage would produce $6.5 million more, which would allow the bonding of $81 million; but they are looking at the $81 million only being in the General Revenue fund; and there may be other needs that need to be addressed.  He stated the Board has not talked about how it is going to allocate $81 million; this has to be decided today; and this is the last moment of the last hour. 

 

Commissioner Carlson stated the issue is setting the tentative millage; if anyone is interested in those scenarios and options that have been handed out, they go from what might be a 5% increase over rollback to 10% and the capacity issue; and if the Board sets it for the highest possible, it can come down from that, which should allow additional time to dissect what it is the Board wants to do based on those options. 

 

Commissioner Scarborough stated if they want to do the mosquito dike system, it should be in the Mosquito millage; if they wanted to do things with libraries that should be in the Library millage; but it is all being put into the General Revenue millage without full discussion of alternatives.  Commissioner Carlson stated that is a good point.  Commissioner Scarborough stated he has not heard everyone’s views as to some of the other priorities.  Chair Voltz stated that is a valid concern; and commented on various amounts for various projects.  Commissioner Scarborough requested the Board take a short recess. 

 

The meeting recessed at 2:03 p.m. and reconvened at 2:16 p.m.

 

Commissioner Scarborough stated he asked Mr. Rogero and Mr. Whitten a series of questions; Mr. Whitten suggested it may be good to come back to this subject at the end of the meeting so they can put some things together.  He stated it would be beneficial to look at the other millages rather than just General Revenue; he spoke to Cathy Schweinsberg about four libraries in the area; the question was if they did that, what would be the additional amount per home; and it is $8 per home.  He stated it would be something the Board could discuss further if it did it that way; but if it did not touch that millage, it would be precluded from that discussion.  He stated he also asked about some impacts as to the Recreation MSTU, District 1; Ms. Busacca has indicated there may be a potential to reduce some millages because of good news that was received, Mosquito Control in particular; and there may be some benefit in working with it and coming back at the end of the meeting.  He stated he does not know if other Commissioners have questions; but it would afford each Commissioner the opportunity to continue to explore because they need to understand that even though they are not going to talk about every dollar that is being spent, they may limit discussion on libraries if they do not talk about libraries today. 

 

Chair Voltz stated the item will be brought back at the end of the meeting. 

 

 

 

County Attorney Scott Knox stated he was in trial all last week on the Blasky mosquito impoundment case, where the Mosquito Control District was deemed to have taken 32.7 acres of the impoundment area, which is in the wetlands; and the jury was given the case this morning.  He stated the plaintiffs presented a number of $1.7 million on the theory they could have made a marina out of the property; the County’s number was $86,000 on the theory that there never could have been a marina there; and the jury rendered a verdict of $122,000. 

 

Chair Voltz stated that is good news.

 

Commissioner Pritchard stated there was more to it than that; and requested Mr. Knox elaborate on the statewide implications.  Mr. Knox stated the plaintiff was trying to recover $1.7 million on 32.7 acres; Brevard County alone has 18,000 acres of mosquito impoundment; and it could have been an astronomical hit if there was an award of $1.7 million on 32 acres.  He stated people who own mosquito impoundments would have been lined up at the door trying to sue the Board.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and reconvene as the Governing Body of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Stipulated Final Judgment in the case of Barefoot Bay Water and Sewer District vs. Burkim Enterprises, Inc., et al.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution for final operating budget for FY 2006-2007 for Barefoot Bay Utility System.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution and execute Easement in favor of Florida Power & Light Company for service to a new lift station in Section 10, Township 30 South, Range 38 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adjourn as the Governing Body of the Barefoot Bay Water and Sewer District and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Colon stated at the MPO there were discussions about trying to bring this issue back to the Board to look at the bigger picture; and Commissioner Pritchard brought up at the last meeting the possibility of the parkway going from U.S. 192 to Fiske Boulevard and looking at the options.  She stated the Board has to have those discussions; it is important to start putting this on the Agenda on a regular basis; and expressed desire to rename the parkway as it is not just in Palm Bay. 

 

Discussion ensued on names for the parkway.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to rename the Palm Bay Parkway as the St. Johns Heritage Parkway.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon stated she suggested changing the name because people think it is about Palm Bay, but it is not; the parkway will affect the City of West Melbourne, Melbourne, and Viera; and by calling it the name of just one city, people think the Board is allocating dollars to one municipality, which is not the case.  She stated it is important for the Board to discuss and get a progress report on the St. Johns Heritage Parkway and the Washingtonia Extension on a regular basis; if it stays within the Board’s radar, it will become a reality; and there has been some controversy in terms of people who are planning to develop in that area.  She stated the Board needs to do a lot of outside the box thinking and look at what some of the municipalities in South Brevard are doing; the County needs to form partnerships with the folks who are building; and it should allocate those dollars.  She stated Commissioner Voltz was the one leading that when she suggested trying to leverage and bond those dollars; and the Board needs to figure out the alignment from U.S. 192 to Fiske Boulevard. 

 

Chair Voltz stated the Board needs to be careful in doing that because there are residents watching who are thinking this is going to go through the center of their property; and that is something the Board  needs to address before it puts a line on a piece of paper.      

 

John Denninghoff, Transportation Engineering Director, stated there has been no study for the area north of Ellis Road, which would be the northerly extent of what was studied in the FDOT study; they have looked at where existing road rights-of-way are, where property boundaries currently exist, and where annexations have started to take place west of I-95; and there are also a number of preservation tracts along there.  He stated they have started to formulate some ideas as to where the corridor could be located; it is not going to be an easy thing to accomplish; but it is probably going to become as important from a transportation perspective as Wickham Road has been up to this point.  He noted at one point people thought that it was crazy to have Wickham Road; but it is clear now that the County is going to need another corridor to parallel Wickham Road. 

 

Chair Voltz inquired if staff has worked on a preliminary route.  Mr. Denninghoff responded there are some existing road rights-of-way along there as well as easements that are heavily encumbered with utilities and already have access easements on them; and it is not an impossible thing to accomplish at this point; however, currently there is no funding allocated by the Board to study this, so at this point it is a cursory effort that staff has undertaken to do.  He advised there has also been some effort on the part of The Viera Company, but it is still in its infancy; and staff will need funding to move forward.  Chair Voltz inquired what kind of funds is Mr. Denninghoff talking about; with Mr. Denninghoff responding right now there is $2.8 million that is available for the parkway, from Ellis Road south to the north limits of Palm Bay, but that is a drop in the bucket for what that project will need.  Mr. Denninghoff advised the Washingtonia Extension, even taking out the portion that already exists as Stadium Parkway and the portion that would be in the Viera DRI expansion that is currently under consideration, it is twice as long as the parkway, so they will need money there.  He stated to do a study and begin to examine it, he will need $1 million to get started; for the parkway, it will be at least $20 million to start to make that happen; and that is a fraction of what would be needed if the County did it all and did not involve developers.    

 

Commissioner Pritchard stated at the MPO meeting there was discussion concerning the newly named St. Johns Heritage Parkway, the potential for having another route even further west along the embankment near the St. Johns River, and having that potentially funded and constructed by the Orange County Expressway Authority as a toll road.  He commented on the similarity to the Sawgrass Expressway, which is still a toll road; stated looking at the lines that have been drawn and the interconnectivity with Washingtonia, Fiske Boulevard, and Stadium Parkway is a good start; and even though it may be just a line on paper, at least there is a concept of where the parkway may go to provide notice to property owners and potential property owners.  He stated if the Board can eliminate surprises for people who purchase acreage that is good; but the question of dollars is going to be the main question.  He stated laying out the route and securing the rights-of-way will be of utmost importance; and the County, the State, and perhaps the expressway may wish to convene and move this forward as expeditiously as possible. 

 

Commissioner Carlson stated when the Wickham Corridor Study was done several years ago, the portion that was looked at was Washingtonia from Lake Washington, then north connecting with the Pineda, and then Pineda to St. Andrews; it was more of a feasibility study because there was a need to look at other arteries to get traffic off Wickham Road because it was approaching moratorium; then there were discussions concerning connection to Pineda and the partnership to get the interchange.  She inquired about connecting St. Andrews to Pineda with or without the extension of the current DRI.  Mr. Denninghoff responded the connection of St. Andrews Boulevard to the Pineda is an open issue as far as the Board is concerned; and Board direction to staff has been to not bring that up until after the interchange is completed.  Commissioner Carlson stated they were going to complete the connection from the Pineda to that piece of Wickham Road.  Mr. Denninghoff inquired if Commissioner Carlson is talking about St. Andrews Boulevard or Lake Andrews Drive; with Commissioner Carlson responding Lake Andrews Drive, west of I-95.  Mr. Denninghoff stated staff has coordinated with The Viera Company as far as its submittal; they agree Lake Andrews Drive should probably not be used as the connection, but rather Stadium Parkway as the connection because Lake Andrews Drive
is probably going to come in a little closer to the Pineda Interchange than would be operationally comfortable from a traffic perspective whereas Stadium Parkway was planned on going all the way down to where the Pineda is anyway, so it would be a major connection.  Mr. Denninghoff stated if there is a Washingtonia Extension, that is where they would want it to connect as well.  Commissioner Carlson stated from a timeline perspective, if they can find some money, staff will start looking at the possibility of going from the St. Johns Heritage Parkway as it connects to U.S. 192 all the way up or it can look at it in pieces.  She stated there are going to be congestion problems in the north part of Wickham Road; Pineda will be built, hopefully taking a lot of traffic off Wickham Road; but when they did the Wickham Corridor Study, it showed that the County needed Pineda plus other things such as a Post Road flyover and Washingtonia Extension.  Mr. Denninghoff stated widening Wickham Road has been such a costly consideration that he has not begun to do a cost estimate, because he figured it was not worth the time and effort to do it.  Commissioner Carlson stated she does not think it is necessary.  Mr. Denninghoff stated the cost is outrageous; they are looking at an alternative to widening Wickham Road to relieve the congestion; the Washingtonia Extension aspect lends itself to being phased in; the largest portion is in Viera; and that would be constructed by the Viera DRI process.  He stated they have just begun the process of getting the DRI approved; the early studies indicate they will need to have a connection down to Lake Washington; and that would be the next phase, from the south end of the Viera DRI down to Lake Washington.  He advised after that are some of the more difficult portions, going southward to Eau Gallie Boulevard; and it does not get easier from Eau Gallie Boulevard to what would be the northerly end of the Parkway.  Commissioner Carlson inquired if the study would review the entire length; with Mr. Denninghoff responding yes, if there is going to be a corridor west of I-95, staff needs to look at it as a complete corridor.  Commissioner Carlson inquired if there would be a phase-in approach for construction; with Mr. Denninghoff responding yes, for acquisition, design, and that sort of thing.  Mr. Denninghoff stated the reason he said $1 million, which would be more than would be needed for a simple corridor study, is that he was hoping to get as far as preliminary engineering design and some modeling; and at that point they would be able to make a recommendation on how to proceed. 

 

Chair Voltz stated the Board is putting an extra $1.6 million into transportation; that could be bonded; and a million could be taken from that money to be used for the study.  Mr. Denninghoff stated if they bond it, they can use it as the Board directs.  Chair Voltz stated there is money to potentially fund that even though there are many other transportation issues; the problem has been not planning ahead; and now they have an opportunity to do that.  Mr. Denninghoff stated that is the greatest advantage; while the development pressures on the corridor have not been that great in the most recent years, he anticipates they are coming; and the County needs to try to get ahead of it as much as possible. 

 

Commissioner Colon stated the Board has taken this discussion from the MPO to the County; and later there will be an opportunity to discuss this as far as some of the options to make this a reality.  She stated the only way the folks from South and Central Brevard are able to go south or north is either U.S. 1 or Wickham Road; there is nothing else; and she will not talk about I-95.  She stated there is an opportunity to get from U.S. 192 to Viera with the St. Johns Heritage Parkway; it will not be an easy task; and they can hold meeting after meeting, but if the dollars are not there to back it up, it would be a waste of time like the ten years with the MPO.  She stated she is not insulting anyone on the MPO, but it was meeting after meeting; and at least they were able to identify a corridor from Malabar Road to U.S. 192; but hopefully now they will be able to speed this ahead.  Commissioner Colon stated today the Board is going to have to make some hard decisions to see whether the St. Johns Heritage Parkway becomes a reality; it will not happen overnight; and commented on Parks and Recreation bids from January not being any good now because costs have gone up.  She stated this is not written in stone so if someone sees the alignment passing near his or her neighborhood, the Board is just trying to alleviate some of the problems; and suggested having discussions with the Cities of West Melbourne, Melbourne, and Palm Bay immediately.  She stated by the end of the day today if there are options as far as money to be set aside for this project, the cities should be aware of it; they will be part of the bigger picture because it is not going to be just the County; and commented on involvement of the cities because of areas being annexed.  She stated they are not going to be working in a vacuum; so the discussions need to happen full speed ahead; and reiterated they can talk all they want, but if they are not going to back it up with dollars, the Board is wasting its time. 

 

Commissioner Carlson stated she agrees; but in most of the suggested revenue streams, they are not going to get there, so she would like to go back to Commissioner Pritchard’s comment about bringing in the Expressway Authority to assist in whatever way possible.  She stated if they want to define an expressway authority for the County to provide toll roads, the Board can do that; all the cities involved may have various issues with having a toll road; she does not know who all the private partners are with other parts of the Parkway; but everyone needs to be at the same table at the same time to decide how to build the road because even if the Board puts the dollars it is talking about today, it is not even half of the price the road is going to be.  She stated if the Board is going to be realistic, it needs to look at it from a holistic perspective and see exactly where the dollars are coming from and whether it should develop the possibility of an expressway authority or whether it should go into partnership with the Orlando Expressway Authority.  She stated she does not know all the legalities of that; commented on the feasibility study, approaching the Orlando Expressway Authority about working in partnership, creating an expressway authority for the County, and looking at options.  She stated if the Board  is not going to go to sales tax, a toll road is the only other option it has.       

 

Commissioner Pritchard stated there is the Brevard Expressway Authority that was created 25 years ago; but it has not gone anywhere.  Chair Voltz stated they suggested they would be more than happy to help the Board put something together to look at that possibly being a toll road. 

 

Commissioner Colon stated she has no intention of supporting a toll road; after the Board has exhausted everything it can in all the options and after it has allocated the dollars, there might be a discussion in the future; but it is just more bureaucracy.  She stated they have already dealt with enough bureaucracy; that is why they have not been able to get this done; and creating an authority and waiting for the State to give dollars has been done.  She stated she may not mind having a discussion because she knows this is long overdue; there are already developers who are entering into partnerships with municipalities; and inquired why the County cannot get into partnerships.  She stated the Board does not have to reinvent the wheel; the cities in the south part of the County are already doing this; they have already identified the mechanism to do from Malabar Road to Emerson; and recommended outside the box thinking to figure out how the cities are doing it and have the County do the same.  She inquired if there is going to be a toll from Emerson to U.S. 192, and then another toll from U.S. 192 to the next section; and stated this has gone on long enough.  Commissioner Colon stated she knows where everyone is coming from; they are afraid they might not have the dollars to finish; but she is optimistic because she has seen what they have done with the municipalities in South Brevard.  She stated she does not want more bureaucracy; the Expressway Authority was interested in bringing S.R. 408 to U.S. 192 in Brevard County where a great deal of the growth is happening; and she is concerned.  She noted it took 13 years just to name the Parkway; and the Board should move ahead.  

 

Chair Voltz stated the Board needs to look at all the options, whatever it takes to get the Parkway done. 

 

Commissioner Pritchard stated the Brevard Expressway Authority is the Board of County Commissioners; he was suggesting convening as the Expressway Authority the same as the Board does for the Mosquito Control Board or Barefoot Bay Board; and the idea presented at the MPO regarding the Expressway Authority was strictly for what will happen ten or twenty years from now, which would be for a major thoroughfare that would be closer to the St. Johns River and could be a toll road.  He stated the St. Johns Heritage Parkway will be a commuter road, which he does not envision as a toll road. 

 

Commissioner Scarborough commented on expressway authorities, the East/West Expressway in Orlando, and electing to use toll roads.  He requested Mr. Gougelman comment on the complexities of activating the Brevard Expressway Authority.  Attorney Paul Gougelman stated he is aware of the legislation that set up the Brevard Expressway Authority, but he has not looked at it in years.  Commissioner Scarborough stated someone at the MPO may be asking that question in the future.  Attorney Gougelman stated he will generate something for the Board on that issue.  Chair Voltz inquired if it can be done for the next meeting; with Attorney Gougelman responding yes.

 

 

 

Commissioner Carlson stated the item, which was a waiver of a buffer wall at Wickham Corners, was tabled; Commissioner Scarborough brought up the issue of the fence; and it turns out that Via Tuscany has already erected a fence based on the Code at the time, so there is an existing fence on the property line.  She stated she met with the Wickham Corners folks and discussed it fully; this is a settlement based agreement that allows them to build approximately 16,000 square feet of commercial on the property; and so the retention pieces that are required give them a five-foot buffer to the back line of the property on the northern point.  She stated what they found difficult in erecting a wall or any sort of buffer would be maintenance; but they agreed to an opaque buffer along the fence line; and she would like to see larger trees that will grow faster to provide that buffer.  She stated it was requested it be from the east to the west; what they ended up agreeing on is to have an opaque buffer along there would normally be a cement wall and they would maintain it; and she suggested they talk to Via Tuscany to let them know what is intended.  She stated it was basically what Mr. Washburn suggested, although in lieu of the wall, the applicant was to construct a six-foot chainlink fence; but there is already a fence there; and she does not see a need to have two fences abutting one another.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to waive the requirement of Section 62-3204(g) for a six-foot cement buffer wall; and approve installation of an opaque vegetative buffer along the north property line of the proposed Wickham Corners development, with the buffer to be higher than six feet in the area abutting Via Tuscany Apartments.

 

 

Assistant County Manager Ed Washburn inquired if Commissioner Carlson is saying a six-foot opaque vegetative buffer; with Commissioner Carlson responding they were hoping to get it higher than six feet in the area where Via Tuscany abuts; some trees would help buffer for the community’s benefit; and the standard opaque buffer would be for the rest of it. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Natural Resource Management Director Ernie Brown stated staff is requesting Board direction to pursue a course relative to permitting for the Mid Reach; the Army Corps of Engineers has responded that what the County proposed, which is a 3.5 mile nourishment project and intensive truck haul for the remaining 7.6 miles of the Mid Reach has unacceptable impacts to the fish habitat listed hard bottoms, and if the County continues to pursue that avenue, it will likely result in an unfavorable decision; and as a result staff has come up with several options, which have associated costs and varying degrees of shore protection associated with them. 

 

Commissioner Carlson inquired which of the options was Mr. Brown thinking of when the list of options were put together on the millage for the $3 million based on the State matching dollars; with Mr. Brown responding staff used the least expensive method, which was option 2.  Commissioner Carlson stated the dollars from the State are up to $15 million; the County will need to have 60%; and the only way to get there is option 2. 

 

Commissioner Colon stated with all the different options regarding the millage, they were discussing $3 million for commercial paper for the Mid Reach as a possible alternative; and inquired if that will be sufficient to get through this year as far as the permitting.  She stated the formula that staff had was going to be able to fill just a percentage; it was not something that everyone was going to be happy with; but it at least gave something that staff felt could be permitted.  Mr. Brown responded yes, option 2 lists the 1.1 miles of traditional nourishment and the rest would be truck haul; that is something the County can reasonably pursue because it cuts the impacts to the hard bottom in half; and that was used as the benchmark to work the numbers.  He advised he is not well versed on how the $3 million would play into the long-term funding solution; but Mr. Whitten may be able to advise the Board.  Commissioner Colon stated that was one of the things the Board was trying to figure out; and commented on the wishes of the residents of Districts 4 and 5, Chair Voltz going to Tallahassee, Commissioner Pritchard attending meetings with S.O.S., and support of new renourishment for the beaches.  She stated she had a meeting a week ago in her office with homeowners; folks were ready to pack the Board Room today because they are so frustrated and scared; the north and south part of the County have plenty of sand; and once again the Mid Reach feels that it is a stepchild.  She
stated it is not because the County does not want to give the sand; it is a matter of permitting and the dollars; and she was trying to explain to the people, but they wanted her to advise the Board of their concerns.  Commissioner Colon stated the people have restrictions put upon them if they try to reinforce their condominiums or do anything to protect themselves; and they wanted to discuss not only the funding but what they could do to reinforce the foundations of their condos and things like that.  She stated they feel like FEMA, the State, and the federal government have given up on them, and they want help.  She stated the State has been clear with folks in different jurisdictions that it is willing to pay its percentage if the jurisdictions are willing to come to the table with the dollars; those are some of the discussions; and this is just the start.  She stated she does not want the Board to think this solves the problems for the Mid Reach because it is just a show of good faith on the part of the County, so it can at least be at the table participating; the Governor has set the dollars aside committed to Brevard County; that was the result of the effort of Chair Voltz and everyone who was part of it in Tallahassee; and the County has an opportunity to get its foot in the door.  She stated this has been traumatic for people on the beachside; they are frustrated and scared; they do not know what to do; and they were ready to pack the Board Room today.  She stated she did not encourage or discourage them; but she did say she would bring their message to the Board.  Mr. Brown stated the Governor successfully put $15 million in the State budget for this fiscal year specifically dedicated to the Mid Reach with the optimistic perspective that permits would move forward for the project; that is the maximum of the State’s cost share; and what they are proposing in Option 2 would be a request of $8 million and the County would have to come up with $13 million for the long-term solution. 

 

Commissioner Carlson inquired if they pass the tentative budget, consider applying $3 million with a six-year commercial paper note on the $3 million, what is the County going to use it on and why would it want to do that without a bigger plan of attack.  She stated otherwise they are going to come back and do another commercial paper loan next year.  Mr. Brown stated this is not a permanent solution; and while he happens to be more inclined to soft structures than hard structures, this kind of activity requires renourishment and continued maintenance.  He stated they are still optimistic that the General Reevaluation Report (GRR), which is on a fast track, would see something in 2009, and realistically they would probably see the outcome of the determination would be the construction starting in 2011, so this would be a stopgap until they can get evaluated for a federal shore protection project.  Commissioner Carlson inquired if the County comes up with $3 million, can it go back to the State and get matching dollars; with Mr. Brown responding the State would be putting up the $8 million for the project; and the County would be putting up $13 million.  Commissioner Carlson stated she is not talking about the whole project.  Mr. Brown advised he does not know how the GRR will look when it is done.  Commissioner Carlson inquired when is the GRR due; with Virginia Barker responding the GRR is supposed to be complete before the end of the fiscal year.  Ms. Barker advised they are getting close to coming up with a selected plan, then Congress will have to approve that plan; and part of the problem is that Congress only considers these things in Water Resources Development Act bills.  She stated the last one has been hung up on the floor since 2000; it looks like there is one moving as the Senate just passed a version last week, so probably there will be word in 2006; but they do not know how many years it will be before there is another opportunity for Congress to authorize a federal project in the Mid Reach.  She stated the $3 million would be the first payment with $3 million a year to create the County’s $13 million of the $22 million in option 2.

 

County Manager Peggy Busacca stated it would be six years of commercial paper for six payments of $3 million a year. 

 

Ms. Barker stated that would create the County share; the Governor would provide the 40% match; in combination, all that revenue would cover the total cost of option 2; and the hope would be that a federal project would come online to take over the 50-year project maintenance within the Mid Reach.

 

Chair Voltz stated she cannot see doing commercial paper for sand that may be here today and gone tomorrow; and she does not think that is a good use of resources if the County ends up paying interest and all that. 

 

Commissioner Carlson stated she agrees; she is not sure how it could be justified unless it is the maintenance aspect of trying to continue to maintain what is in place; if hurricanes come and wipe it all out, the County is at square one; it is disposable infrastructure; and it is a poor use of County dollars.  She stated until the State and the federal government act, it does not sound like there is any real end time. 

 

Chair Voltz stated she spoke with Vivian Garfein who said they should not go after a permit unless they had the money to pay for the project because that would be spending capital going after something but then not being able to do it, which would not look good for the future.  She stated they need to do what they can now with the minimal permit, although that is still a lot of money. 

 

*County Attorney Scott Knox’s absence and Deputy County Attorney Shannon Wilson’s presence were noted at this time. 

 

Mr. Brown stated if the County creates an engineered shore protection system it will increase the probability of qualifying with FEMA for maintenance and repair work at 75% reimbursement.  He stated getting sand on the beach is a one-shot deal; and what option 2 proposes is to expand northerly the South Reach project by a little over a mile, providing a high degree of protection for that mile, and then doing an intensified truck haul, which is approximately nine cubic yards per linear foot.  He stated that is much larger than what has been put on the beaches historically for the remaining Mid Reach; and the upper portion of the Mid Reach is where the vast majority of the rock exists, which is why they are putting this balance and why there is such a drastic reduction in the impact, going from six acres down to under three acres of impact.  He stated with option 2, they are looking at getting the shore protection in place; it is a lot of sand and sand does move; but because it is a designed shoreline protection system, it probably would qualify for maintenance under FEMA. 

 

Commissioner Colon stated one thing learned from what happened to the panhandle was that anything that was not protected affected the roads; and commented on the possibility of part of A1A washing away and looking at the bigger picture.  She stated having the roadway being so vulnerable is dangerous to the County; and she does not think that has been discussed, but it needs to be.  She stated this is not just about condos although she cares about them and wants to protect them; but there have been discussions with Satellite Beach, Indian Harbour Beach, and Indialantic about the concerns with A1A; the beaches and access are not far from the road;
and once the road goes, it will not matter how much sand there is in the north or south parts of the County because people will not be able to get through.  Commissioner Colon stated those are some of the things the Board is trying to figure out; the decisions made today will affect the County down the line; and Commissioners are going to be dealing with that kind of dilemma in the future.  She stated it is much bigger than just dealing with the permit; FEMA is not going to bail the County out; they cannot wait for the federal government to bail them out; the panhandle has known that; but now other communities need to think outside the box.  She commented on cooperation during hurricanes, getting relaxed after time passes, and putting the serious threat to A1A on the table. 

 

Commissioner Pritchard stated the counties further north have had portions of A1A wash away; A1A can become the berm to protect the rest of the barrier island; and they cannot afford to do that.  Chair Voltz noted part of U.S. 1 washed away in 2004.  Commissioner Pritchard stated it does not have to wash out a tremendous amount; all it has to do is wash out enough to make it matter; and inquired if it has to be sand on the beach or could the dune line be stabilized with geotubes and let the sand accrete as it may instead of putting sand on the beach where it keeps washing away.  Mr. Brown stated there is an Order of Delegation with the Department of Environmental Protection to allow those to go in under certain circumstances; the most economical approach for shore protection is traditional shoreline hardening; but that also comes with an enormous ecological and recreational cost.  Commissioner Pritchard inquired if Mr. Brown means bulkheads; with Mr. Brown responding yes.  Mr. Brown advised in the unincorporated part of the County, there is a prohibition for hardening; the municipalities do not have that; so in the Mid Reach in particular, he would see that as being the recourse.  He stated if nourishment does not come to is, the recourse would be going to traditional hardened structures.  Commissioner Pritchard stated Mr. Brown is talking about a vertical wall; his experience with that is that the sand washes out to the wall and it ends up with no beach whatsoever, so they would be back to square one; but a couple of years ago, they had a demonstration with geotubes that showed the sand would build and flow naturally, while the tube itself stabilized the dune line.  He stated the stabilized dune line would stabilize the structures, A1A, and everything that is westward.  Mr. Brown stated the Order of Delegation requires five cubic yards per linear foot over the geotubes; and even in the last year, which was a low energy environment relative to tropical storms, the homeowners who put in the geotubes were being required to put a substantial amount of sand back on top of that to maintain the sand cover for the ecological aspects.  Commissioner Pritchard stated the geotube is a one-time installation; the sand may have to recur depending on storm activity; and inquired if it would not be less than putting sand on the entire stretch of beach time after time.  Ms. Barker advised the initial installation of the sandbag systems with the required sand cover is approximately $800 per linear foot; the sand only projects are approximately $300 per linear foot; and as Mr. Brown explained, the sand over the bags has to be maintained so there is still a sand maintenance cost of $200 per linear foot every few years as the sand washes away as well as the initial installation cost.  Mr. Brown advised the benefit of the sandbags to the property owner is that it provides an additional layer of protection during a catastrophic event, although during normal seasons with small tropical storms and nor’easters, there has been very little difference as far as loss and protection between a nourishment project and the sandbags.  He stated there is an appreciable difference in property protection during catastrophic events; and sandbags theoretically will protect the physical property, but they still have to be renourished after the fact.  Commissioner Pritchard inquired when a geotube is renourished does it still go out to the
waterline or is there less slope.  Ms. Barker inquired if Commissioner Pritchard is asking if the renourishment volume would be less with a sandbag system; with Commissioner Pritchard responding his assumption is that when a shoreline is renourished, it goes from the dune line to the waterline; and inquired if there is a geotube in place, would it still go from the top of the geotube to the waterline.  Ms. Barker responded with the narrowness of the beach and the natural slope that the beach seeks given the wave conditions, they would still need to nourish all the way out to the waterline.  Commissioner Pritchard inquired if the benefit of the geotube would be to the structure but there would not be any cost savings to that kind of installation in terms of having to renourish the beaches with a lot of sand every other year; with Ms. Barker responding affirmatively.  Mr. Brown advised if it is pumped hydraulically, there are substantial savings for the nourishment over the sandbag systems.

 

Chair Voltz inquired what can be done that can be permitted and the County can afford.  Mr. Brown responded in conversations with the Army Corps of Engineers, option 2 seems to be the most optimistic approach as far as what the County could pursue to get permits in a timely fashion; and there is no guarantee, but they feel comfortable that would be the most reasonable approach.  He stated the issue comes down to funding; staff could pursue an option without a funding decision being made; but as Ms. Garfein mentioned, it is a lot of money to spend if the County is not willing to come to the table to do the project.  He stated they could continue to pursue the permit under one of the options and deal with the financial aspects later; it is also possible to withdraw the permit at this time without having any detrimental decisions made by the Army Corps of Engineers; and the County certainly does not want a denial at this point as it would be detrimental to the County, so those are the options.  Chair Voltz inquired about the timeframe; with Mr. Brown responding August 3, 2006 is the date by which the County must give a response.

 

Commissioner Pritchard inquired about creation of an artificial reef; stated he mentioned that to Vivian Garfein when he met with her; it would supposedly provide accretion on the shore; and the price tag for an 800-foot reef was more than $3 million.  He stated he realizes it would take a lot of reefs; but it might be money well spent up front so the County stopped spending so much later on continuously adding sand.  Mr. Brown advised the Mid Reach is a unique situation because of the central fish habitat phenomenon, so any covering of the rocks will be the greatest challenge.  Commissioner Pritchard stated any structure that is put out there potentially could cover the rocks, and then they will be back to where they were to begin with.    

 

Commissioner Carlson stated with the GRR coming back at the end of the year, the Board will be told what it can do with the Mid Reach and then it could focus the dollars in some way; it could set aside $3 million to go toward whatever decision the Board makes; and it could not go out for commercial paper and wait or it could do it and allow a maintenance scenario to occur.  She stated she does not think Mr. Brown is giving them a warm feeling as to what the Board is going to be able to do at this point because there is too much that is unknown. 

 

Chair Voltz stated they are not going to be able to do anything by the end of hurricane season so what they are looking at is something for next year anyway.  Mr. Brown stated optimistically he would like to see the permits issued if they go down the road by December or January, with construction initiated at the time, to be completed prior to turtle nesting season, which would have them suitably protected for the next hurricane season.  Commissioner Colon stated that is
if the Board takes action now; with Mr. Brown responding yes.  Commissioner Colon stated there was discussion and Commissioner Carlson mentioned in regard to option 2 at least allocating the dollars and then having more in-depth discussion; and at that point the Board would still decide what it wanted to do, but at least it would be heading to seek the permit to nourish the southern 1.1 miles of the Mid Reach and build truck haul dunes in the remaining 6.5 miles.  She inquired if all Commissioners are on the same page with option 2 and if that is the option Mr. Brown recommended.  Mr. Brown responded option 2 is what staff believes is the least amount of shore protection that can be employed to provide a longer term project than what the County has been doing; last year the County spent between $9 and $13 million on the dune repair work; that was a shared responsibility between the State, local, and federal governments; but the point is that they were public dollars being spent as a band-aid.  He stated even the truck haul for this project is significantly larger and designed in such a way that it would be more sustainable; but it is not a permanent solution; no nourishment project is a permanent solution; so option 2 would provide what staff thinks is the absolute minimum to provide reasonable long-term protection for the Mid Reach in both an ecological and economic approach.                

 

Ericka Davazo, Florida Regional Manager for the Surf Rider Foundation, stated she is here on behalf of the Sebastian Inlet Chapter that has over 200 members; they have had numerous conversations with staff on this topic; and they would have had a number of members here, but most are at work.  She stated she knows the Board is in a tough situation trying to make the right call on what to do; and she wants to make a slight correction to some of the things said.  She stated the panhandle had numerous concerns with geotextile tubes where they have done more damage than good; she can provide pictures, etc.; and they still need sand as the tubes have to be buried at least three feet at all times and cause a turtle hazard.  She stated once the tubes are sprayed with hardener, they become a hard structure, which is difficult to remove; and commented on tubes on the west coast that are exposed all the time.  She stated this is one of the few times in Florida where the Army Corps of Engineers has said there are going to be adverse impacts and stood up for them; there are 537 species that live on the reef; and encouraged the Board  to look at the larger picture.  She stated they keep talking about why spend the money when it could disappear the next day with some of the nor’easters they have; and commented on suggestions given in the National Marie Fisheries comment letter and supplemental comment letter concerning sand bypass transfer plants.  She stated there is much good quality sand in the shoals that the County has access to; it could create a constant transfer of sand instead of always just providing to the north and south; and sand transport keeps the sand moving constantly so no areas is segmented.  She stated that is something the Board can look into rather than just looking at a band-aid to the situation; and she wants to be sure they are not just looking at special interests.  She stated the condominiums are important, but the Board serves more than just the condo owners; and commented on people who work in the area, use the area for recreation, and the fishing industry.  She stated the Surf Rider Foundation represents surfers, divers, and anglers in the community; and commented on artificial reefs and the existing reef system.  She stated if the group can provide any assistance, staff or the Commissioners may contact it; and it has done a lot of work on the issue.

 

Commissioner Pritchard requested Ms. Davazo send him the information as he would be very interested. 

 

Rick Hayes, Chairman of the Sebastian Inlet Chapter of the Surf Rider Foundation, expressed appreciation to the Natural Resources Management Office for keeping the group well informed; and advised it is a worldwide, five-continent, sixty chapter foundation with over 60,000 members, of which 400 live in the County.  He stated when the Army Corps of Engineers looked at the County’s proposal, it saw the detriment it was going to cause to the near shore reef, which is an essential fish habitat; and encouraged the Board to contemplate what the Army Corps of Engineers has done because it was a monumental decision done with great wisdom.  He stated this is more than just shoring up some buildings along the coast; and the other resources that exist in the County are worth giving a second chance before they are potentially destroyed.  He stated it is a tough call; the people on the coast have a tough situation; and commented on global warming and the sea level rising.  He stated there is not going to be any less pressure on the coast irrespective of what the Board does; and encouraged the Board to use good wisdom and judgment in whatever decisions it makes. 

 

Bruce Cooper, Director of Community Development for the City of Satellite Beach, on behalf of the Mayor and Council, expressed appreciation to the Natural Resources Management Office for keeping the City informed and for being diligent in trying to get this matter resolved.  He stated the Mid Reach is in a vulnerable situation; the beaches are an economic viability for the County and the cities; and there are over 15 beach accesses that provide public access to the beach.  He stated they want the residences to have protection but also they want to provide the beach as intended; and commented on damage from the storms and repair of accesses.  He encouraged the Board to pursue permitting as staff has indicated and to contribute proportionately on the north and south sides.  He stated Mr. Brown indicated that the cities allow hardening; Satellite Beach did that in November 2004 because the State also allowed hardening of the beaches, and the City did not want to be in a take position; and commented on the City’s provision of protection for the structures, desire of Fish and Wildlife for non-vertical, preference of Department of Natural Resources for vertical, coquina revetment, and requirement for sand in front for protection and the environment. 

 

Commissioner Colon stated similar input was received from the folks in the unincorporated area; and recommended going forward with option 2. 

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve going forward with option 2, to seek a permit to nourish the southern 1.1 miles of the Mid Reach and build truck haul dunes in the remaining 6.5 miles.

 

 

Chair Voltz inquired if the $3  million is already included in the budget or would the Board go with the 10% because that is the only way it could afford it; with Ms. Busacca responding the 10%.  Chair Voltz stated she will not support the motion; it is not that she does not support doing something in the Mid Reach because she has been working hard at it; but when the Board looks at spending that kind of money, she cannot support it. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Voltz voted nay.   

 

 

 

Chair Voltz stated she brought up this issue because of the letter she received from Sheriff Parker; however, after talking to staff, she does not think this is a good idea.  She stated Road and Bridge Director Billy Osborne had a lot of good things to say about sandbags, but he also refreshed her memory about when she was on the board previously and how they dealt with this.  She stated any way they do it, they are going to make a lot of people mad; and after talking to Mr. Osborne, she was sorry she brought it up, and thinks the Board should just let it go away.

 

Commissioner Carlson stated since the Sheriff brought up the issue he may wish to go forward with a private sector collaboration if he wants to use prison labor to help out the private sector in times of emergency when a hurricane is imminent; he can have a partnership with the private sector to supply sandbags and the dirt; and he can supply the prison labor.  She stated it would be a great use of prison labor. 

 

Commissioner Scarborough stated he was also briefed by Mr. Osborne; a lot of people said this was a wonderful idea; and they discussed having the sandbags distributed before the storms, although there will be people who want them at the time even though that is when the County needs to have its crews available to work the situation.  He stated while the storm is still raging, Mr. Osborne will have his crew out working to open roads, remove trees, etc.; the Board needs to direct its resources toward keeping people where they can get emergency vehicles in and things like that; and it is not that the Board does not care.  He stated Commissioner Carlson had a good idea; and this may be an opportunity to make things work without tying up valuable County employees. 

 

Commissioner Carlson stated they are not taking money away from the private sector; and if the Sheriff thinks his prison labor effort might be well placed, he can create a partnership and utilize the EOC in terms of timing and things like that because the EOC knows when the hurricanes are going to be coming and the pressures the County is under at the time. 

 

Chair Voltz stated whatever Sheriff Parker can work out ahead of time would be fine.

 

Commissioner Colon stated it was a nice gesture from the Sheriff; but he already has his hands full so the Board should not be asking him to take on this task; and if it is of importance, it is a task the Board should take upon itself. 

 

Commissioner Scarborough recommended the Board  send a letter to the Sheriff thanking him for his office; and Chair Voltz advised she will do that. 

 

 

The meeting recessed at 3:40 p.m. and reconvened at 3:54 p.m.

 

*County Attorney Scott Knox’s presence and Deputy County Attorney Shannon Wilson’s absence were noted at this time.

 

 

 

Assistant County Manager Stockton Whitten stated Article V requires the County to fund and implement an integrated computer system that meets a number of requirements including the financial exchange of information, performance accountability, case management, and disposition information; and this information is to be provided to the State from all the players of the court system, including County Administration, the Public Defender’s Office, the State Attorney’s Office, and the Clerk’s Office.  He stated there is a system that the State and two other counties are currently using by Metatomix called the Judicial Inquiry System; and they are requesting the Board approve negotiating with Metatomix for implementation of the system.  He stated he has provided the Board with letters from the Clerk of Courts and the Public Defender; they are on different sides of the issue; he thought the Public Defender was present; but the request is to approve purchase of the system utilizing the $2 technology fee.  He stated the additional annual cost would be for maintenance; Information Technology believes it needs two additional positions to maintain the system; and those positions will be paid for out of the $2 technology fee.         

 

Public Defender J. R. Russo advised he does not wish to speak to the item. 

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve negotiations with Metatomix, Inc. for purchase of the Judicial Inquiry System to comply with the Article V requirement to fund and implement an integrated computer system capable of exchanging certain court-related data.

 

 

Commissioner Pritchard stated Mr. Russo was adamant in his letter that it was a waste of money; he is the Public Defender; and the Board would like to hear from him. 

 

Mr. Russo stated he would be more than happy to tell the Board his thinking on the JIS system; he recognizes that the State has a movement to make the computer system uniform throughout the State; and there is a committee, but it has not progressed very far.  He stated the committee has not set out any specific mandates to be met; but it said the counties need to be going down a road to get unified.  He stated quite a bit of money has been collected under the $2 information technology fee; the committee wants to have Metatomix come in; but he does not know that much about the company.  He stated when he asked what they would be getting for their money, the standard line was that they were going to get the defendant’s address; and he thought in addition to the address, they may be able to get a few other things from the program; but he does not think from what he heard that the system was worth the money being spent because they were going to be getting information that most of them already have.  He stated this is a waste of money; he saw this done in the Judicial Administration Commission area to try to put finances online; they spent a lot of money statewide and it took years to get up; but when they wanted to make a few little changes, it would cost a lot of money to make the changes.  He stated he does not see spending this amount of money for a program that was not going to give any forward advancement in information technology. 

 

Commissioner Pritchard inquired what is the total cost of the system; with Mr. Whitten responding the total cost would be approximately $1.1 million, plus the additional cost of the positions to maintain the system yearly, which is estimated at $145,000.  Commissioner
Pritchard stated this is an expenditure in excess of a million dollars; and one of the principals, the Public Defender, is telling the Board it is a waste of money.  Chair Voltz advised the Board could do some roads with that money. 

 

Mr. Russo advised he was in the minority; he kept asking what they would get for the money; and he is simplifying, but he was told he would get the defendant’s address and a few other things.  He stated he could hire three people to go around the County all day long to get defendants’ addresses from police departments for a lot less money than the system; and he could not see what the County was getting for its money. 

 

Commissioner Pritchard stated the Public Defender is one of the key users of the system; and he has a problem going with this for that kind of money when one of the people directly involved with it thinks it may not be worth what the County would pay for it.  He stated he would prefer to take no action at this point and come back when there was a comfort level.  He stated all he has is a letter from the Clerk of Courts who likes it and advises, “it’s prudent to implement the system as is.” 

 

Mr. Russo stated the State Attorney wants it; he, as Public Defender, does not think it is worth the money; Court Administration is neutral on the expenditure; and the Clerk of Court wants to spend the money.  He stated they are jumping the gun; they are spending money before they need to spend it; and recommended waiting until they know exactly what the State is going to require and what they can expect in the way of information from this expenditure.      

 

Commissioner Carlson inquired if there is a deadline for Article V for implementation of this sort of technology and what are they doing at the State level.  Mr. Whitten responded the State’s deadline was July 1, 2006; he does not think the State has provided any guidance on the requirements of the system other than the broad parameters laid out in the legislation; and it is not urgent for the Board to approve the item at this date.  He stated he can pass along the Board’s comments to the players in the court system and ask them to react to the comments; and as Mr. Russo advised, the State Attorney and the Clerk are in favor of the system, Court Administration is neutral, and Mr. Russo has expressed his sentiments.  He stated staff is relying on the experts to advise whether or not the requirements of Article V are going to be met by this system or any other system.  Commissioner Carlson stated compatibility is the key; that is the intention of Article V; that is what the Clerk and the State Attorney are agreeing to; but if they do not have compatible people implementing the computer systems, eventually they cannot talk to each other.  She stated that is why it is going to cost a bundle to maintain such a system to get to the end result, which is to communicate throughout the State.  Mr. Whitten stated the intent seems to be exchange; he does not know if compatibility and exchange are the same things; but the Statutory language talks about being able to exchange information between agencies and between agencies and the State, so the issue is how compatible does it need to be to exchange the information.  He stated the compatibility seems to be an enhanced benefit of this particular system.  Commissioner Carlson inquired how many other counties have instituted such a system because of Article V; with Mr. Whitten responding two counties and the State Office of the Court Administrator have instituted this system.  Commissioner Carlson stated she was asking about any system; with Mr. Whitten advising he is not sure anyone else has done anything other than the two entities and the State Court Administration Office. 
Commissioner Carlson stated the Board should either table it or write a letter to the State or the committee asking what standards and criteria are being set; otherwise the Board could be dumping money into a big hole; and they could ask for input from the State Attorney and the Clerk on whether they agree with this.  She stated she would think the Clerk would agree because compatibility and integration are key to that office. 

 

Chair Voltz inquired if the money is included in the budget already; with Mr. Whitten responding yes. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table consideration of purchase of the Judicial Inquiry System from Metatomix, Inc. to get additional information.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson inquired if the Board wishes to send a letter requesting something from the committee or will staff be asked to do that.  Commissioner Scarborough stated the Board needs to see what other people are doing; if there is a system that becomes pervasive around the State, the County could end up being non-compatible and spending more money, so it is a matter of waiting.  Commissioner Carlson stated the County could be the leading edge.  Commissioner Scarborough stated sometimes others follow you, but sometimes they figure a cheaper and better way of doing things; and the County could end up spending more than it needs to spend.      

 

Chair Voltz inquired if this has to be tabled to a certain date; with Commissioner Scarborough responding no as it is not a public hearing. 

 

 

 

Assistant County Manager Stockton Whitten stated the Board previously authorized staff to issue an RFP for development of a comprehensive master plan; the Selection and Negotiating Committee approved the selection of ZHA Incorporated; and ZHA Incorporated has come back with a scope of services totaling $200,000.  He stated originally staff envisioned absorbing the cost of the study into the current Facilities budget; however, they did not anticipate the cost would be at the $200,000 level, so two options have been provided, to either enter into a contract with ZHA Incorporated or having staff provide some development of a master plan.  He stated staff has also provided an overview in matrix form of current facilities issues in terms of space associated with the different departments and offices.

 

Chair Voltz stated she cannot see spending $200,000. 

 

Rick Mellin, President of ZHA, Incorporated, stated he is available to answer questions or explain the methodology of how the fee was derived.  He stated they looked at the scope of work and put together a manpower schedule; they typically work on an hourly rate based on what is asked; and he talked with staff about the possibility of looking at different scopes of work, but he was not in a position to make a recommendation on what might not be done in terms of addressing various departmental needs or not looking at the full scope. 

 

Public Defender J. R. Russo stated in his almost 26 years as Public Defender, he has been before the Board many times for needs; the Board has always responded faithfully and dutifully to his needs; and in return, his office has always been modest in its requests.  He stated his office is not popular with many people in society, so he needs to be especially mindful of any tax money that gets spent on the system; he has been before the Board many times on the issue of space because the County continues to grow; and they have moved from one location to another, each time getting a bigger office because of the needs.  He stated his main office is in Building E on the second floor; he has been there approximately ten years; the Courthouse has been expanded almost double in size; and the State Attorney’s office has taken over more of the building that it is in and is being remodeled because space needs.  He stated he met with each of the Commissioners last winter and fall about space needs; he was hoping that some significant action would have taken place by now; but he knows the Board deals with many things from week to week and month to month.  He stated the County has made some effort to try to accommodate his needs; but it would not have been a very good accommodation in the long-term, but only a short-term fix.  He stated staff has a plan for space; he has seen his portion that would call for the Sheriff’s Department to move to another location within the County; and his office would take over all of Building E.  He stated several judges are coming online in January; there are ten to twelve people coming into the office before January; and he is out of space.  He stated he can do things like give up the law library or move the file room to try to make things work; but that would only take care of things for a very short period of time.  He stated his part of the puzzle is a very easy solution; he knows it takes money; but if they could take care of at least part of the space need immediately, it would satisfy him, and the Sheriff’s Department would probably be happier.  He stated something needs to be done quickly; he has never asked for more than he needed or exaggerated claims; but something needs to be done now.  He stated he met with the Commissioners nine months ago, but nothing has happened; if nothing happens soon, he will need to do something more drastic to make it happen; and he does not want to do that because he does not want to damage his relationship with the Board. 

 

Commissioner Carlson stated she asked Mr. Whitten about the old Master Space Plan that was done in 1988, and he managed to find it; it cost $110,000 in 1988; and that is what the Government Center was based upon.  She stated before she spends $200,000 on a new plan from scratch, she would like to make sure the old one was evaluated; there are a lot of things in the plan that were accomplished, but she does not know if they accomplished them all; and reviewing the old plan might make the process of creating another master plan a bit easier.  She stated the existing plan looks to the needs for 2010, so it is still a possibility; and suggested requesting the consultant give an estimate of what it would take to reevaluate the current plan to see if there are some savings the County could have.  She stated they can update the current plan; she knows some things in the plan have not been done; but it does have good recommendations. 

 

Chair Voltz requested a copy of the plan.

 

Commissioner Carlson stated Mr. Whitten gave her the conclusions; there is an implementation plan piece where it talks about consolidation and where the various offices should be for good flow; the plan has been done; the County paid $110,000 for it; and while it is a little old, the County has been going by the plan for all these years, so she is assuming there might still be some use for it.  She stated if not, they can update it; it may cost less in the long run; and they can get it done a little faster based on the needs of Mr. Russo and others. 

 

Commissioner Pritchard stated he was going to allude to the same plan; something done at that point might have some current value; and Mr. Van Bever may wish to comment about the court situation.  He stated he knows the courts have a problem with space; they are exploding at the seams; and they need to do this in a fashion to see how it is going to come out so they can get the best bang for the buck.  He inquired where Mr. Van Bever sees the court system going.      

 

Court Administrator Mark Van Bever stated he agrees that time is of the essence; there is a plan now to accommodate three judges and staff who will arrive in January 2007; and based upon the length of doing the architectural planning and construction of the next facility to accommodate the next group of judges, they need to start very soon to decide where it is going to be located, whether to consolidate at the Government Center or put something in the Palm Bay area.  He stated the County typically gets three to six judges every five years; the last two years, it has received six judges; and it will probably have a year or two reprieve, but by the time the County gets another building built, it probably will have the next round of judges.

 

Commissioner Pritchard stated he likes Commissioner Carlson’s idea to review the existing plan; and he would encourage having the participants who use the facilities as part of the review process.  He stated he does not know whether it is going to go to an outside consultant or whether the Board will direct staff to work on it. 

 

Commissioner Carlson stated staff can review the existing plans and advise what has been done and what may not be realistic to do; that is where the Board needs some insight from a consultant; but the basic structure of a good plan is there.  She stated she is not sure why some pieces have not been implemented, but she is sure it is based on capital restrictions.       

 

Chair Voltz reiterated if what is being discussed is not the same thing the Commissioners have on the computer, they will need to get a copy of the study. 

 

Commissioner Colon stated it is a fact that the County did not have the dollars to do it; and it does not need to spend a quarter million dollars to be told what the needs are because the Board already knows what the needs are because it hears about them every year.  She stated she appreciates Mr. Mellin from ZHA being present; but they should be able to do this in-house.  She stated it is not just the Public Defender and the judges; they have EEL’s and other departments that are bursting at the seams; they need a courthouse in Palm Bay; and it is just a matter of trying to figure out how to pay for the needs.  She commented on bonding, keeping the study in-house, prioritizing needs, status of overcrowding at the jail, and preparing for new judges and their staff.  She stated they should do this in-house based on the study they already have; it comes back to dollars; and she hopes they do not study it to death as they have already identified the ones that are needed.

 

Commissioner Scarborough stated there are different options; and commented on bonding, and studying and addressing the issue.  He stated the sooner they spend the money, the less it will be in the long run; he agrees with the other Commissioners that the Board knows the needs; and sometimes studies get in the way of fully understanding the dynamics of how to respond. 

 

Commissioner Carlson stated the previous master plan is the same as suggested for the new one, which is where is the best placement for the need in terms of the population; she is sure the master plan reviewed the population; and hopefully that is what is happening today.  She stated if that is the case, it is great; but if not, the plan can be tweaked because things are growing in different ways.  She stated the growth is still there; the need is still there; whether facilities should be centralized or in a north/central/south scenario is discussed within the plan; and staff can do a fine job reviewing that and coming back with suggestions.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to direct staff to work with various Court, Charter, and County offices and departments to review the existing Master Space Plan and report to the Board in 60 days on needed changes and cost to reevaluate and update the current plan.  Motion carried and ordered unanimously.   

 

 

 

Bishop Dr. Sylvester Jones, representing the Great Blessed Assurance Apostolic Church, stated the Church has property at 1426 Lake Drive that has been a problem; it reached a point where the County took out a lis pendens; and he is present to offer an explanation and a request that some or all of the fines be waived as a result of the property being brought up to Code standards.  He stated staff from the Code Enforcement can verify this tomorrow; and they are requesting additional time, until September 15, 2006 to pay off any court costs or other costs the Board may impose at this time.  He stated most of the fines occurred during the storms; they could not get anyone out there to do a cleanup; and by the time they did get out there, they found they had to first remove all the debris left by the storm.  He stated the property was flooded; debris accumulated; weeks were lost due to having to clean up from the flood; and FEMA came out, verified this, and took pictures.  He stated the local community has used the area for a car abandonment site; when they tried to get wreckers to remove the automobiles, they could not show them any kind of title, so they had to sit there until they did their own detective work to find out who owned the vehicles; and as of today, there are no automobiles on the site and the concerns of Code Enforcement have been eliminated.  He stated there were refrigeration units on the back porch that weighed thousands of pounds; they did not have the manpower to lift them; but finally the Church raised enough money to remove all of that.  He stated they have tried to be as diligent as they could with the shortage of manpower; they are a small congregation; and from time to time when it rained, the drainage ditch would fill and flood the property, leaving more debris, so they asked the County to assist in getting the ditch drained out.  He stated they have reached a decision to sell the property; and requested the Board grant them the time to sell the property.  He stated in the interim, they will keep the property clean; it is currently brought up to standards; and they are waiting for Code Enforcement to go back and verify. 

 

Don Brintle stated he brought this before the Board approximately six months ago; people were staying in the building next door to him; but they were thrown out; and since then the power company has cut the power.  He stated the building has a roof that leaks severely; someone living in the building three years ago could not get a new roof, and so had to move out of the building; and the building was left to sit there.  He stated someone ran an ice cream business from the building; but the past two and a half years, there has been nobody in the building except people who were in and out.  Mr. Brintle advised the building is nowhere near read to pass inspection; it has been condemned; and he saw them put the condemned sign on the building.  He stated he has been living there five and a half years; the building has been this way the last three years; it has been condemned; and there is no power at all to the building now.  He suggested the building be checked carefully.

 

Attorney Terri Jones stated she will provide a timeline; on November 3, Mr. Brintle came to the Board and the Board authorized foreclosure on the property and/or an injunction, whichever would work; and January 2006, the County imposed all the fines on the property as liens.  She stated in April 2006 the liens matured so the County could foreclose; and the lawsuit was filed at that time.  She stated on June 9, 2006 she, Mr. Lyon, and the Deputy Building Official had a meeting with Reverend Jones and Mr. Bland of Teen Missions.  She advised Teen Missions owns the mortgage on the chapel where the church is located; at that time it was indicated that property would be transferred to Teen Missions; and then Teen Missions would clean it up; but they received a phone call from Mr. Bland who said he was not allowed on the property to clean it up.  She stated in July 2006, she extended to Reverend Jones the timeline to answer so he could come before the Board, so on July 31, 2006 the answers are due to the foreclosure and injunction action.  She stated in the meantime the County has been served with a lawsuit from Teen Missions, which the County is a party to because it has liens, for Teen Missions to foreclose on the chapel and the Lake Drive property, so this is a quite a mess.  She advised this is an open lawsuit; and the Board could have an executive session if it desires. 

 

Commissioner Scarborough inquired if Teen Missions has a superior lien to the lien of the County and can they foreclose or will the County foreclose on them.  Attorney Jones advised there are two corporations, Greater Blessed Assurance and Blessed Assurance; Greater Blessed Assurance owns where the church is located; Blessed Assurance owns the property in question; and Teen Missions has a mortgage with Greater Blessed Assurance, so it is very complicated.  She stated Teen Missions claims it has a superior lien; and that will be a contention of litigation.

 

Commissioner Pritchard stated this sounds like an issue for executive session.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve advertising and scheduling an executive session to discuss the issue.  Motion carried and ordered unanimously.

 

 

 

Mike Slayton, Floridana Beach Civic Association, stated they are an old established beachfront community in South Brevard; they have a commonly-owned community center that is the focus of the neighborhood; there are several hundred families in Floridana Beach; and after the storm season of 2004, they had experienced severe erosion.  He stated they lost a deck and a gazebo that had been standing for approximately 40 years; they came back west of where the old structures were on the sodded lawn and rebuilt the same structures; and they felt that would meet all the requirements.  Mr. Slayton stated the structures are a focal point of the community; it was a stressful time; and they were trying to do something to band the community together.  He stated it was built as a community project; since that time they have found they should have submitted permit applications; the Department of Environmental Protection indicated it would be willing to issue a permit if the County would give its okay; and the difficulty is the Ordinance does not have a waiver provision.  He stated what he initially suggested was for the Board to abate the enforcement action and amend the Ordinance to allow for the structures; but after listening to a large range of topics today, he recognizes how difficult it would be to tailor something like that.  He requested the Board abate the enforcement action and amend the Ordinance to give the Board flexibility to issue waivers on a case-by-case basis.  He stated there needs to be a common sense provision in all regulations; and commented on finding solutions that do not fit the textbook.  He reiterated his request for a motion to abate the enforcement action and direct staff to amend the Ordinance to provide the Board with the ability to provide a waiver.

 

Chair Voltz inquired if it would be just specifically for this property; with Mr. Slayton responding no. 

 

Natural Resources Management Director Ernie Brown stated there currently is a waiver provision in the Ordinance; and it is targeted to natural accretion of the shoreline to allow a waiver to be granted by the Board to move the Coastal Construction Line eastward.  He stated if someone finds they have natural accretion of five or ten feet on the shoreline, the Board can consider a request to move the Coastal Construction Setback Line further seaward relative and proportional to the accretion, with performance criteria and engineering to support the request; the intent of the Ordinance is designed to protect life and property; that is the way it has been implemented; and it is keeping structures off the primary dune system.  He stated the primary dune system and all of the County is in a very critical state; and advised of a recent revision to the Ordinance to put more specific criteria about construction standards, provide elevation to sustain dune stabilizing vegetation to provide setback off the crest of the dune, and to limit the size of structures forward of the Coastal Construction Setback Line.  He stated the criteria say if structures are built in this manner, they will not have a detrimental impact on the dune system; and there is a current waiver provision. 

 

Commissioner Carlson stated that is based on accretion; and inquired if Mr. Slayton’s property qualifies for that.  Mr. Brown responded very few properties will ever qualify for that; there are residents closer to Sebastian Inlet where it accretes as a result of the jetties who would qualify; but the property being discussed does not. 

 

Mr. Slayton stated when the dune was reestablished, they voluntarily revegetated it with dune stabilizing vegetation; and it has been a very successful effort.  He stated the difficulty with the waiver provision in the Ordinance is that it is a waiver that cannot be issued because it does not fit anywhere except the last quarter-mile of the County; and requested the Board look at something that would allow greater flexibility.

 

Assistant County Manager Ed Washburn stated if the Board considers abating Code Enforcement to look at the Ordinance with respect to waivers, it should look at this as a private park; and it may be possible to craft something from that standpoint. 

 

Commissioner Pritchard stated he was going to recommend moving the item as is; Mr. Washburn has thrown in the part about looking at it as a private park; and inquired if that is going to have any detrimental effect on someone else who may wish to rebuild a structure in the same situation.  Mr. Washburn stated the Ordinance really addresses residential units that have accessory structures as opposed to parks.  Commissioner Pritchard inquired why the Board does not address this on its own merits. 

 

Commissioner Carlson inquired if in this case the structure was demolished during a hurricane; with Mr. Brown responding yes.  Mr. Brown advised the aerial photos of 2005 show that particular structure to be completely demolished; the homeowners moved it further north and back and reconstructed a similar structure; and if they had come in for permits, they could have been permitted for something in the general area.  He sated it would not have been quite as big or may have been relocated to another portion of the property, which is fairly expansive; and they could have still accomplished the decking and gazebo-type scenario.  Commissioner Carlson inquired if the County has utilized existing Ordinances for others who had similar circumstances.  Mr. Brown responded yes, there were a number of Code Enforcement cases and permit applications that have conformed with the current Ordinance and the Zoning Ordinance; and this is one of the unintended consequences the Board needs to be cautious about in designing a waiver provision.  He stated nonconforming structures, if destroyed greater than 50% of the value, have to come into full conformance with the Code; if it had been a house, it would have had to come into full conformance with the Code; and if the Board moves down the road of establishing a waiver provision, it has some far-reaching implications potentially.  Commissioner Carlson inquired if there is any way to bring what they have built into conformance by moving part of the structure or anything like that.  Mr. Brown responded it would require some financial resources to actually move the structure back approximately 40 feet to be in full conformance, or they could redesign it to be a five foot height and 100 square feet.  Commissioner Carlson stated that makes it more significant in terms of how close to the dune line it is and how much danger it is in.  Mr. Brown advised it is approximately 22 or 23 feet from the newly established dune; a much larger dune was placed there because it was one of the access ramps for the FEMA reconstruction; the eroded dune was very close to where the structure is now; but the new dune created about a 20-foot extension.  Commissioner Carlson stated she cannot support changing what is already in place and has been applied to others on an equal basis; she does not know if the applicant would like to try to move the structure so it could comply; but she thinks the Board would open a bag of worms potentially by altering the existing Ordinance that has been in place for a very long time. 

 

Commissioner Pritchard inquired how long the structure was there; with Mr. Slayton responding 40 to 45 years.  Commissioner Pritchard stated he is sure it did not hurt anybody in the 40 to 45 years; it was an amenity for the neighborhood; the County changed the rules, which put them out of business; and he has a problem with that.  Commissioner Carlson stated the County did not put them out of business; and if he got a permit, he could put the structure in a safer place, which is the point.  Commissioner Pritchard stated the structure was there for more than 40 years; and inquired how safe is a safer place.  Commissioner Carlson stated the structure is gone; and now they have rebuilt.  Commissioner Pritchard noted they rebuilt in the same place where it was for more than 40 years.  Commissioner Carlson stated there are now more hurricanes; the County has adjusted its Code; by not going through the permit process and abiding by the Code, it puts them in the position where they may end up having to build the structure again if there is another big hurricane; and she cannot support it.  Commissioner Pritchard stated 40-year duration was pretty good; there were some hurricanes that came through in the last 40 years; and he does not see the necessity in having them move the structure 40 feet because he does not see what difference 40 feet will be to a hurricane.

 

Mr. Slayton stated he has been a resident of the County off and on since 1966; and last summer was the worst for hurricanes. 

 

Commissioner Pritchard stated the Board  makes a mistake by trying to be all things to all people; that is not what it should be doing; this structure existed for all those years, was destroyed, and was rebuilt; and if they can get another 40 years out of it, he does not have a problem.  He stated he does not see what difference 40 feet is going to make in terms of protecting the structure from a hurricane. 

 

Commissioner Colon stated they need to change the Ordinance to provide flexibility; that is the safest route; and that means Mr. Slayton will have to come back to the Board.  She stated the Board wants to help Mr. Slayton; it understands the dilemma; and there is no perfect ordinance.  She stated she would be more comfortable if they had a policy that provided a little more flexibility so the Board is able to address issues like the one before it today. 

 

Commissioner Scarborough stated earlier the Board talked about tens of millions of dollars for approximately seven miles of beach with sand; Mr. Brown addressed that a lot of this is for health and safety for dwellings; and he likes Mr. Washburn’s suggestion.  He stated they do not want to be trying to figure out how to get tens of millions of dollars for sand that is constantly washing away and at the same time do away with certain provisions that keep dwellings in a safer posture.  He stated Mr. Washburn’s suggestion is well-founded; there may be less risk if it does not damage the dune or the capacity of the dune to take a storm surge; and that would be one of the considerations.  He stated otherwise he agrees with Commissioner Carlson; and regardless of what the Board would like to do, it is recognizing that there is a tremendous cost to the taxpayers of the County to have dwellings along the beach that are impacted by storm surge.  He advised of being in the area after the last storm, dunes that were a sheer drop-off, and collapse of the dune leading to collapse of homes; and stated that is not the way to think about the County’s future.  He stated he knows Mr. Slayton’s case is different; but if the Board begins to create exemptions, it will begin to erode the Ordinance; and pretty soon it will be doing a disservice to not just the people on the beach but everybody who pays taxes that are used to pay to haul the sand in. 

 

Chair Voltz inquired if the Board should abate Code Enforcement and look at the property as a private park; with Mr. Washburn responding the Board does not have to specify that; and it can just ask staff to look at the Ordinance and see if it can find a way to solve the problem.  Chair Voltz stated changing the Ordinance presents a slippery slope as there are a lot of beaches and structures on the beach. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct staff to abate Code Enforcement action against the Floridana Beach Civic Association and look at the Ordinance to find a way to solve the problem.  Motion carried and ordered unanimously.     

 

 

 

Taya Stokes advised she is the current owner of 6230 Deer Lane; and she is requesting the Board’s assistance to help in getting constant phone calls to Code Enforcement and Building Code taken care of.  She stated for over a year now she has endured constant harassment from a neighbor; a year ago in July she pulled a permit to have her roof redone; her neighbor called Code Enforcement; and Code Enforcement came out to verify she had a permit.  She advised of putting in a fence, taking the permits and everything to the County, verification by the Plans Examiner, and final inspection of the fence; stated the gentleman called again saying the side of the fence facing the ditch was the wrong side; and they fixed it in order to comply.  She stated the Code problems keep coming; there were some poles in her front yard that had been there since 1983 when the home was constructed; she purchased the home in 2004 and was told the home was up to Code; but Jennifer Kerr came out to tell them they had to move the poles in two feet.  She stated they had to dig up fifteen 100-pound poles with 60 pounds of concrete for each one and move them in two feet; they complied; and they even filled in the holes and planted grass seed so the easement looked proper.  She stated she is at her wits end and needs help; she does not know what else to do; and some of her neighbors are in support.  She stated this has been ongoing since they moved into the home in 2004; she does not know what they have done to upset the person; and she noted over 15 other violations throughout the neighborhood within a one-mile radius of her home that have not been cited.  She stated she tried to approach the neighbor to speak with him directly; but he will not answer his door; so in order to not harass him, she has just let it go to the wayside.  She stated Tom Sullivan with Building Code Compliance spoke with them; like Ms. Kerr he was very polite and professional; and they agreed that this is on the verge of harassment and that they are being very orderly and compliant.  She requested assistance of the Board.

 

Permitting and Enforcement Director Ed Lyon stated they researched the records and found that there were three anonymous complaints called in on this house; there may have been other calls; but there were three cases established based on the anonymous calls, two of them founded and one unfounded.  He stated the current policy is if someone has two unfounded cases from an anonymous complaint in a one-year period, the County Manager may stop the acceptance of anonymous complaints; but at this time that has not been satisfied. 

 

Chair Voltz stated even though someone has been calling, Ms. Stokes had errors, which she fixed to come into compliance; and the number of unfounded calls does not meet the threshold, so maybe she will not have any more problems. 

 

Ms. Stokes stated she is hoping not; she has consulted an attorney and a State certified engineer to make sure there are no further issues; and they have also welcomed Ms. Kerr to stop any time she is in the neighborhood and tell them if anything is disorderly or out of place. 

 

Commissioner Scarborough stated he appreciates Ms. Stokes’ attitude in wanting to straighten things up. 

 

Ms. Stokes stated Commissioner Scarborough has received numerous anonymous calls to his office; this is a waste of the County’s time; there are bigger things to worry about than her poles; and she does not know what further she can do.  She stated she is trying to do what is right by the County and by her property.

 

Commissioner Colon stated she mentioned to Code Enforcement that once they are onsite, they should look at everything there; they are not trying to be the Code Enforcement police; and they need to try to work with the residents.  She stated there are always two sides to the story; and inquired why a resident would have to hire an attorney or other people to make sure everything is okay when the County has Code Enforcement that should share with them whether there are other problems to be addressed.  She stated they deal all the time with neighbors’ disputes; if Code Enforcement goes twice to a house and it is unfounded, she wants that message brought home; and it is not just with this particular case.  She advised of a meeting with Code Enforcement and the County Manager; and commented on Code Enforcement documenting what it sees, power of Code Enforcement officers, abusing the system, having policies in place to ensure they are being proactive, and advising of all problems during Code Enforcement visits. 

 

Commissioner Scarborough stated Ms. Stokes complimented the behavior of staff; and expressed appreciation to the Code Enforcement Department. 

 

Ms. Stokes commented on the professional and courteous behavior of County employees; and stated she could not ask for two better people to come to her home than Mr. Sullivan and Ms. Kerr. 

 

Mr. Lyon stated they try to address all Code actions while onsite; there are two officers on a visit, one who handles zoning cases and the other a building official; and he is not saying they do not miss one or two things, but it is their policy to make sure they address all Code cases while they are onsite. 

 

 

 

Commissioner Scarborough stated he asked about the library issue; and Mr. Whitten advised for approximately $9 less, they could do all the libraries that were requested.  Commissioner Carlson inquired if it would be $9 more; with Commissioner Scarborough responding actually it would be $9 less in reduction.   

 

Assistant County Manager Stockton Whitten stated Commissioner Scarborough asked for the library scenario to add debt service that would allow bringing on four libraries; and the net impact of that is $9, so in essence it is $9 less in reduction as an average throughout all of the districts for the unincorporated area.  He advised of the impact of maintaining the Parks and Recreation District 1 millage; and stated it would be a $20.26 impact to the residents of District 1.  Commissioner Scarborough inquired what would be the net reduction of the two for the District 1 median house; with Mr. Whitten responding based on a $224,000 home, that would take it from a reduction of $168 to a reduction of $141 or $145.  Commissioner Scarborough stated that would be a reduction in taxes from this year; with Mr. Whitten responding yes, from the Board of County Commissioners for the unincorporated residents in District 1. 

 

Chair Voltz inquired what is the desire of the Board; stated she brought up some information that they may end up using; they are going to need to get a million dollars from Tax Collector Rod Northcutt; and she is trying to keep taxes at 3%.  She stated if they reduce reserves from $2 million to $1 million, reduce the insurance from 11.5% to 9%, that will give them $481,680; and if they get the million dollars from Mr. Northcutt and reduce reserves by $1 million, that would bring them to 3%.  She stated the other two figures are extra dollars that would fund SCAT, the EDC, BCA, the Clerk for three new judges, Vietnam Veterans’ wall, a FEMA person, Brevard Tomorrow, and the Historical Commission; and gives them $106,680 left over to keep the budget at 3%.  She stated she knows there are a lot of needs; but if they are going to go above the 3%, they should ask the voters if they want to increase taxes.  She stated if they go above 3%, they should insure that the money being collected is for the CIP projects, public safety projects, or other projects needed for the community; and if it is above 3%, she will not be voting for the budget.  She noted she has presented a budget that can keep it at 3%.

 

Commissioner Scarborough stated he appreciates all the things that were brought up at the budget workshop; some of the things that others wanted he cannot support such as going into insurance reserves, which would put the program at further risk; and in subsequent years that may cause a need to supplement it further or end up asking the employees to participate to a greater extent.  He noted 60% of the employees did not have an additional favorable impact by the Cody study.  He commented on getting money from Rod Northcutt, St. Johns Heritage Parkway, sand on the beach, need for facilities, and hardening of maximum security facilities; and stated it would not be prudent to try to break all these things down but even with maximum bonding, they are not going to have all the money needed to do all the things they want to do.  He stated they can reduce the millage between now and September 26, 2006; but if they send out something that does not reflect what they may want to talk about, they are telling the people they will not talk about those things.  He stated he would like to make a motion to move to the full 10% and as part of that include the caveat to move the library millage for the four libraries, Palm Bay Library, Suntree Library, Rockledge Library, and Mims-Scottsmoor Library.  Budget Director Dennis Rogero advised that would increase the Library millage to 0.5497 mills.  Commissioner Scarborough stated he would like to increase the Library millage to that number, keep the District 1 Recreation MSTU the same rather than rollback, reduce the Special District Mosquito Control to 0.1800 mills, and increase General Fund to the amount reflected in the second spread sheet.  Mr. Rogero advised the new General Fund millage would be 3.8558 mills.  Commissioner Scarborough stated that motion would give the Board the optimum opportunities for discussion with full awareness that the Board can reduce; if magic happens, they can come down to 3%; but if the Board desires to address problems, having the latitude to address them would be helpful.      

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt the tentative millages for FY 2006-2007 for the purpose of notification to taxpayers by the Brevard County Property Appraiser with the caveats that were mentioned.

 

 

Chair Voltz stated last year everybody supported the stormwater fee going up; with Commissioner Scarborough advising then the Board dropped it.  Chair Voltz stated the Board dropped it because there was an outcry from the citizens.  

 

Commissioner Carlson stated she supports the motion based on input she provided at the workshop; staff provided a history of the aggregate operating millages; Fiscal Year 2006-2007 is represented; and inquired what is that based on; with County Manager Peggy Busacca responding it is based on the proposed budget.  Ms. Busacca inquired if Commissioner Carlson would like the new number with the 10%; with Commissioner Carlson responding she is assuming it would be bigger; and commented on the rollback millage.  Ms. Busacca advised in some years, the Board actually went to rollback or less than rollback; for two years it was less than rollback; for a number of years, the Board went to zero or less than 1% above rollback; and the valuations have increased so significantly over the last few years that rollback was significantly different.  She stated in 2004, it was almost 6%, so rollback has significantly changed in the last several years because of the valuations.  Commissioner Carlson stated it is an interesting study; with Ms. Busacca advising it is especially interesting in relationship to the fact that Orange County has had the same millage for 15 years. 

 

Chair Voltz stated she finds it amazing that the four years she was on the Board, it was either zero or minus; everyone knows how she feels about Capit limiting it to 3% over rollback; and inquired if the non-voted millage changed from 3.58 with the adjustments that have just been discussed; with Mr. Rogero advising yes, with the adjustments, it will change. 

 

Commissioner Pritchard inquired if it will go up; with Mr. Rogero responding yes.  Commissioner Pritchard stated he presented a lot of recommendations on how to make some adjustments; and quoted a Senator from Nevada, “when you overfeed government, there’s only one result, more government.”  He stated the appetite for expansion is insatiable; no amount is enough; and if the Board wants to control spending, it needs to control revenue, so he will not support the motion as it exceeds the 3% above rollback limit that was what the voters wanted. 

 

Chair Voltz stated Commissioner Scarborough mentioned insurance; the information she got was from staff; and staff was perfectly happy with that number.  She stated she would never volunteer to go into insurance.

 

Chair Voltz called for the vote to go to 10% above rollback.  Motion carried and ordered; Commissioners Pritchard and Voltz voted nay. 

 

Dennis Rogero advised the millage for the General Revenue Countywide is 3.8558 mills; the Library District is 0.5497 mills; Mosquito Control District is 0.1800 mills; Fire Control MSTU is 0.6529 mills; Recreation District 1 MSTU 0.5637 mills; Recreation District 4 O&M is 0.4305 mills; Tico Airport District is 0.0128 mills; Law Enforcement Countywide MSTU is 0.8680 mills; Road and Bridge District 1 MSTU is 0.4704 mills; Road and Bridge District 2 MSTU is 0.2477 mills; Road and Bridge District 3 MSTU is 0.3061 mills; Road and Bridge District 4 MSTU is 0.3080 mills; Road and Bridge District 5 MSTU is 0.4235 mills; Road and Bridge District 4 MSTU Beaches is 0.3271 mills; the Road and Bridge District 4 MSTU Merritt Island South is 0.14389 mills; the Environmentally Endangered Lands 1991 Operating millage is 0.0398 mills; Environmentally Endangered Lands 2004 Operating millage is 0.0472 mills; Port St. John/Canaveral Groves Recreational MSTU Operating millage is 0.1996 mills; North Brevard Special Recreation District is 0.4449 mills; Merritt Island Recreation MSTU Operating millage is 0.4714 mills; South Brevard Special Recreation District Operating millage is 0.4188 mills; the debt service millages remain unchanged; and the tentative aggregate operating millage is 5.9235 mills, an increase above the rollback rate excluding the voted millages of 8.06% and a decrease excluding the voted millages compared to the current aggregate operating rate of 10.90%. 

 

Chair Voltz inquired if it is above 10%; with Mr. Rogero responding no. 

 

Commissioner Colon stated even though Commissioners Pritchard and Voltz did not support going forward, she hopes they will still help the Board prioritize and think outside the box because they are going to have to try a one-time deal to bond some of the dollars so they can get more bang for the money.  She inquired when the Board would have a workshop to have that discussion.  Ms. Busacca stated the first budget hearing will be on September 12 and the second on September 26.  Commissioner Colon stated that is too far.  Ms. Busacca stated the Board has a meeting scheduled on August 17, 2006, which was going to be the workshop with Tico Airport Authority; on that day there is a 3:00 p.m. workshop with Solid Waste; and the Board could move the Solid Waste workshop to a different date or it could hold a night meeting.  She stated the November workshop is already scheduled; but Solid Waste could be moved to October and then the Board could have August 17, 2006 as an additional budget workshop.  Commissioner Colon stated the Board needs to have that discussion as soon as possible.  Chair Voltz suggested having the budget workshop at 1:00 p.m. and then continuing.  Ms. Busacca stated the workshop will be at 1:00 p.m. on August 17, 2006.  Commissioner Pritchard inquired if that is going to move the Solid Waste workshop; with Chair Voltz responding no, it will be at 3:00 p.m.

 

 

 

Chair Voltz advised she had some issues with this item; from the beginning she has had a problem with annexations because they affect the cities and the unincorporated areas in ways that some never expected; enclaves need to be addressed; and Mr. Myjak said that issue is addressed in the Florida Statutes.  She stated she does not think they need to go to voter referendum for every single thing; the minimum acreage is an issue that needs to be addressed; and she did not support it last time because there was not a right to appeal.  She stated the current information says there is an appeal process; before any tax dollars are spent, things should come to the Board as a first means of appeal; and if the Board cannot satisfy it, then it can go further, but the Board  needs to be the first step in the appellate process.  She stated the cities have not been notified; that happened last time; and she did not support it because of the lack of notification.  Chair Voltz stated she would like to give the cities an opportunity to comment on all the information that is before the Board; and suggested tabling the issue.  She stated she knows there are people present who want to speak, and that is okay; but then she would like to see the issue tabled until things can be worked out with the cities.  She stated if the cities have a problem, they could be referred to the committee; she knows there is a timeline that Mr. Myjak is trying to meet; and she is not sure if they are going to get there, but they will head in that direction. 

 

Commissioner Carlson stated the Agenda item is to move two Save Brevard Charter amendments on file with the Supervisor of Elections to the ballot for fall, which would save the taxpayers the cost of a Countywide special election next year; there is a process in the Charter that requires one percent; and she is not clear whether the group has achieved the one percent mark.  She stated at that point the Board would send the amendments to a trio of legal folks to see if they are constitutional; if the Board goes in any direction today, it could have the cities review; but it is really the people who are bringing this forward and they could proceed to collect petitions without insight from the cities or anything like that. 

 

Chair Voltz stated she fully understands that; but the Board is looking at intergovernmental coordination and cooperation; and if they do not have that, they are not all working together on this. 

 

Michael Myjak, Chairman of Save Brevard, thanked the Board for taking time to hear their petitions; and requested Maureen Rupe and Don Page follow him as speakers.  He stated the Board has the amendments and ballot language; they have been successful in moving those things about the County; and what surprised him when he submitted the first batch of petitions to the Supervisor of Elections was that it would invoke a special election for next year that could potentially cost upwards of a million dollars.  He stated nineteen out of twenty people sign the petition; it is an easy sell; and all they want to do is offer the Board a chance to save a million dollars of taxpayers money, which could be better spent on roads, libraries, or something else.  He stated there is a rumor that has been floating around that there is some kind of fix that is in; nothing could be further from the truth; but he has personally called each of the Commissioners’ offices and talked to staff.  He stated some of the Commissioners he has been able to contact directly while others have not returned his calls; but they have attempted to contact everyone to answer any questions.  He stated last year concerned citizens throughout the County formed a coalition to promote a balanced and common sense approach to growth management, to accommodate growth in the population, and to maintain and improve quality of life.  He stated in order to be able to manage growth, the premise has to be accepted that one can control growth; and then they have to figure out a way to do it.  He stated the citizens of Brevard want to see a better quality of life and not an erosion of social capital, road systems, or any of the others; promoters of development will say they have the answer and that growth is good for the economy; but they are confusing growth in their industry with progress and quality of life.  He stated growth is just about getting bigger; progress is about getting better; and commented on managing, understanding, and controlling growth; creating a feedback mechanism; and managing new growth and development in harmony with the ability to sustain it.  Mr. Myjak stated eventually they settled on a two-pronged approach, an exclusive method for voluntary annexation and a method to preserve quality of life.  He stated today roads are jammed; children are going to school in portable classrooms; and they have documented water resources shortages looming on the horizon, which he knows from his research as a technical advisory on the District’s desalinization plant study.  He stated he learned from the Florida Department of Environmental Protection about priority water resource caution areas; approximately a third of the County was set up as a priority water resource caution area in 2000; previously they were called critical water supply problems, but that did not meet the political nomenclature of the time; and provided a display of what the caution area looked like in 2000 and what it looked like in 2005.  He stated almost two-thirds of the County was listed as priority resource caution areas; but the problem is bigger than just the County because it also includes the St. Johns River Water Management District’s watershed area; and commented on the watershed.  He stated after six years, there has not been much change in growth; but there has been a continual increase in water shortages.  He stated the St. Johns River Water Management District now declares the entire watershed to be a priority resource caution area; there is no sustainable managed growth taking place; and there is no feedback mechanism between the legislative bodies of the County and the permitting authority.  He stated the alarm is going off, and has been for six years; sensible managed growth works to everyone’s benefit; and a sensible managed growth policy is identical to a good economic policy.  He advised Save Brevard is offering a way to manage a sustainable level of growth in the County and a non-partisan way to regulate and manage growth concurrent with the ability to maintain infrastructure and quality of life. 

 

Commissioner Colon inquired if everyone will be speaking or are there representatives.  Mr. Myjak advised there are three speakers representing Save Brevard.  Commissioner Colon inquired if everyone who turned in a card is not speaking; with Mr. Myjak responding they may speak in support of what Save Brevard is doing, but they are not representing Save Brevard.

 

Discussion ensued on the procedure to be followed. 

 

Maureen Rupe, member of Save Brevard, stated she will address the first of the two amendments that Save Brevard is proposing to place on the November ballot; it is an exclusive method of approving voluntary annexation; the State grants cities the right to annex county lands; and they can do so in one of two ways, voluntary or involuntary.  She stated in an involuntary annexation the affected citizens know of the annexation because the County will notify them and they get to vote on the issue; but the same cannot be said for voluntary annexations.  She stated in a voluntary annexation citizens in the surrounding area that are affected by the annexation, even those abutting the property, have no say or vote on the annexation; and affected County citizens have little or no standing in talking to city officials about city affairs, so County citizens can do little in appeals to the Board as the Board is almost powerless to intervene in the affairs of the cities.  She stated Save Brevard is proposing to amend the Charter to provide an exclusive method for managing voluntary annexations; and the steps would be simple and straightforward.  She stated the city would decide whether to accept or decline a voluntary annexation request; if accepted, relevant data would be provided to the County; and once identified to the County, the Commissioners would have the responsibility of determining the area of impact.  She stated once the affected area was determined, the Supervisor of Elections would be responsible for mailing out a ballot; the results would be tallied and completed within 60 days; and because the County is by law impartial in these matters, it is the local government of choice to manage the process.  Ms. Rupe stated if the annexing municipality believes the affected area was not computed correctly, it can file a grievance to correct it; but the most important aspect is it gives the affected citizens the right to vote.  She stated the amendment would allow voluntary annexations to operate just like involuntary annexations with a few exceptions; the cities could file a grievance if they could show that the area of affected residents was calculated in error; and in addition, the amendment would allow the process to be waived if the city and the County signed a joint planning agreement that addresses land use and zone densities.  She advised the amendment will prevent developers from continuing to use voluntary annexation as a rezoning tool; it will also prevent voluntary annexations from being used as a tool for getting around the Comprehensive Plan or altering the Future Land Use Map.  She stated people have the right to vote on issues that will affect their property values and quality of life; annexation is faster than getting a Comprehensive Plan amendment passed by DCA without challenge; and a mail-out ballot is less expensive for a special election ballot in the affected areas.  She requested the Board help close this loophole in the Land Development process by moving the amendment to the ballot in the fall; and stated it is the right thing to do for the citizens. 

 

Don Page advised he lives in the County near Titusville; and the second proposed amendment adds a new section to Article V of the Brevard County Charter.  He stated Article V of the Charter is entitled, Powers Reserved to the People; and the amendment would add 5.7.  He stated the County is considered a place of natural beauty and open space, with rivers, trees, beaches, and wetlands; it is intended to help maintain and protect the social capital from those who would otherwise consume it without a method of replenishment or control.  He stated the amendment places in the Charter those requirements that are considered critical to preserve the quality of life for all of the citizens of the County, including those who live in either the incorporated or unincorporated areas; Chapter 163.3180, Florida Statutes, establishes seven concurrency requirements on a Statewide basis that apply to public facilities and services; and the Statute also provides that local governments may extend the concurrency requirements to apply to additional public facilities within their jurisdiction.  He advised the amendment establishes ten quality of life issues in the form of ten concurrency requirements, which include the seven requirements spelled out in the Florida Statutes plus three additional requirements; and each quality of life issue is defined in terms of minimum levels of service requirement.  He stated concurrency means that each quality of life requirement must occur concurrent with development; each development submittal must resolve any impact on any of the ten quality of life issues; and displayed a chart showing the ten concurrency requirements, seven from the Florida Statutes and three from the Brevard County Comprehensive Plan.  He stated each concurrency issue is controlled by level of service requirements spelled out in the amendment; the first seven are the same concurrency issues that were discussed earlier by staff; and the amendment provides that all new growth will pay for itself without the added burden to existing taxpayers.  He stated the intent is to stabilize the quality of life in the County to keep pace with development; and the procedures are simple.  He stated local government conducts its relationship with builders and developers in the normal manner; all submittal are the same except for identifying any impact to any of the ten concurrency issues defined by the amendment; and new construction building permits are withheld until all concurrency issues are locally resolved.  He stated the simple resolution is that development pays for the impact; how that is accomplished is decided by the local government; and this could be accomplished by proportionate fair share mitigation as discussed in Chapter 163, Florida Statutes.  Mr. Page stated Commissioner Pritchard posted the results of a survey he conducted on his website; and it was well done and resulted in significant data.  He stated the chart listed the items the respondent was to choose from in answering what they considered the most important issues facing the County today; and 62% responded that the most significant issue is unmanaged growth and uncontrolled development.  He stated if they add up all the responses involving unmanaged growth and its effects, there is an 81% response; quality of life affects everyone; gridlocked roads can mean life or death to someone in need of medical services if an ambulance cannot reach them in time; and the County needs a plan now to protect its eroding services.  He states sensible managed growth benefits everyone; and requested the two amendments be added to the ballot in November 2006.                 

 

Chair Voltz distributed written materials; and stated the information is from Charles Madge who lives at Port Malabar and supports putting this on the ballot in November.  She noted there are a number of other cards.

 

Commissioner Colon stated she liked everything she heard, so she does not have a problem with what has been said, especially since the State is trying to step in to bring everyone to the table.  She stated it seems they have not had a good working relationship; the County’s success rate in trying to stop annexation has not been good; and she would like to have an honest discussion.  She stated she does not want the citizens to think that Mr. Myjak’s group is not aware of the deadlines; they went to the Charter Review Commission meetings; and most of them are very knowledgeable, aware of the deadlines, and aware of how long the process will take because a lot of them participated in the EEL’s process.  She commented on the EEL’s process; stated it was frustrating to have people wanting the Board to make a decision immediately; and she was not able to vote for it because she had many questions.  She stated she became public enemy number one; people said she was anti-environment; and that was strange because she was the Environmental Board Liaison at the City of Palm Bay.  She reiterated she likes what she has heard; one of the things discussed was that any governing body located in the unincorporated or incorporated areas of the County shall temporarily suspend issuing new building permits when the permits cause impact to schools, potable water resource supplies, sanitary sewer, stormwater management, drainage, parks and recreation, solid waste, or law enforcement; and all these things are critical.  She stated she hates to put something on the ballot where the citizens will feel a false sense of security, thinking if they vote for this, it is all over and nobody will be able to build; that is not being honest with the people; but in Seminole County this was upheld, so that says a lot.  She stated if this is challenged, there are some teeth; it is something any government entity could pass if it is serious about trying to manage growth; and they cannot stop growth, but they can try to manage it.  She commented on the Charter Review Commission, putting things on the ballot, and bringing everyone to the table.  She stated the issue was annexation; DCA was not helping the County as far as annexation; and in District 5 with thousands of acres, if there is annexation, there is nobody within 500 feet to vote on it.  She inquired what should they do in such a case; and stated the fear of being taken over was a concern of Grant-Valkaria.  She stated this is a concern of a lot of the community; she does not like to be told the Board has to do something right now; and she does not like people who are extremely knowledgeable of the system to come and say they are trying to save the County money because they did not have enough time to get their petitions.  Commissioner Colon stated people have done this before; she does not like to have people pushing her and trying to corner her; everyone in the room is intelligent and has been part of the process; and she wants to be honest with the public if this is the direction the community wants to go.  She reiterated in Seminole County, when this was challenged, it was upheld; and she would like to see where the rest of the discussion will go. 

 

Mr. Myjak inquired if he should answer the three questions; with Commissioner Colon responding yes.  Mr. Myjak stated the first question had to do with balloting and collecting petitions; he is not here today to say that time is short, because that is not the case; when he turned in the first box of petitions to the Supervisor of Elections in June, he found that they had a July 1 deadline; and they started late in the game for that to happen, but they have no problem continuing to collect petitions.  He stated they have not gotten to where they are going to do the legal review yet; that has to be completed first according to the memorandum from Mr. Knox’s office; and they have to get the legal review to do an initiative by petition.  He stated they have to do the legal review before they can finish collecting the rest of the 4%; so their timeline is a lot longer than just three months.  He stated he was surprised at the cost of a special election next year since it is not a general election year; he asked Commissioner Scarborough what they could do and could they ask the Board; and Commissioner Scarborough advised they could.  He stated he went back to the Supervisor of Elections to inquire about the timeframe; and he was told that technically it is 60 days, so September 7, 2006 would be the last drop-dead date.  He stated the last date the Board could approve it is the end of August; the Board has another meeting next month plus today to discuss it; so it is not like there is a rush; but time is of the essence so that is why he is here today.  He stated they have had a wonderful level of acceptance and response; they already met the 1% from Districts 1 through 4; and District 5 was short about 150 or so petitions, which they will pick up in the next week or so.  He stated he is not concerned about hitting the 1% and then sending it off to legal review; they already had attorneys review it so they believe it to be constitutional; and they do not think the legal review panel will have any problem there either.  He stated letting it roll forward will put it on next year’s special election; they feel that the Board wants to find a way to manage growth; this is a new idea that creates a feedback mechanism; and it will allow them to meet the growth and regulate it based on quality of life, as they define it.  He stated in terms of the annexation areas, it is not so much a question of square footage, but a question of impact, which as defined in the amendment has to do with dividing the area by the increase in density.  He stated it would not matter if it was a quarter-acre or a quarter million acres; if they were to be annexed in the city and the density did not increase, there would be no impact; but if there was a significant change in land use such as going from residential or agricultural to industrial, that would be an impact to people nearby; and then it would be a simple mathematical equation to determine the area of impact based upon the level of change.  He stated that is articulated in the amendment, so one can think of it in terms of area, but the area would change based on what the actual impacts are.

 

Commissioner Colon inquired who would vote; with Mr. Myjak responding the people within the area.  Chair Voltz stated the Board would decide that; with Mr. Myjak advising the Board would decide that; and the functions are written out in 2.2 and 2.4.  Mr. Myjak advised once it is identified, the area is the area that it takes to divide out the impact until the impact is at a low enough level of incident, and once it reaches that threshold, it drops off, so it is no longer an impact. 

 

Commissioner Carlson stated Mr. Myjak mentioned he had to send the ballot language for review; but the Charter language says once they reach the 1%, it comes to the Board with the Supervisor of Elections’ letter saying the 1% was met; and the Board will impanel the review group to look at it and check for constitutionality.  Mr. Myjak stated his understanding is once the Supervisor of Elections has validated the 1% in each of the five Districts, he notifies the Board; it is the Board’s job to impanel three attorneys who are probably from outside the County to do the legal review; and there is no timeframe for setting up the 1% or for how long it takes the Board to identify the attorneys to do the review or for how long the legal review takes.  He stated in terms of when they have to be done, they will not know until the legal review is completed; and meanwhile they are continuing to collect petitions.  He stated this is petition by the people; and if it was done by the Board, he does not think the legal review would have to be done.  County Attorney Scott Knox advised there would have to be a legal review. 

 

Commissioner Scarborough stated another dimension is conflict of interest; previously the panel included municipal attorneys; they were hired by the municipalities who for various reasons have a different view of restricting their capacity to annex; and inquired if the Board could find a panel.  Mr. Knox advised the last time they had a long list of qualified attorneys.  Commissioner Scarborough advised each of the three was representing municipalities; with Mr. Knox responding there were some who were not; and there are enough attorneys around that they will be able to find someone. 

 

Commissioner Colon inquired if they are able to go one step further and have an Attorney General opinion or is the County on its own.  Commissioner Scarborough stated last time they ran into trouble because no one would touch it; Mr. Knox first tried to get it to the courts, but nobody was touching it; and they came up with the idea of having three attorneys review it so as to not get into some litigation because of a problem with wording.  Commissioner Colon stated Seminole County has something that was challenged and upheld; and inquired if there is already a precedent.  Mr. Knox responded the first case the legal panel will look at is the one from Seminole County, which was announced about a month ago.

 

Pat Woodard, Palm Bay City Councilman, Past President of the Space Coast League of Cities, and ex officio member of the Management Coalition Group, stated he has big concerns with what is being presented.  He stated since a year ago when Commissioner Pritchard was rattling his saber, the largest municipality in the County brought forth a joint planning agreement with the County outlining its annexation areas; Titusville and Cocoa are in the process of doing their agreements; and when West Melbourne finds a city manager, it will be encouraged to do the same.  He stated they have worked with the Growth Management Coalition to outline possible annexation areas, growth areas within the city, and service boundaries; the City of Palm Bay has updated its transportation impact fees, which also address County roads; Melbourne is in the process of addressing its fees; and the County is addressing its fees.  He stated there are a number of things that can happen as far as growth management. 

 

*County Attorney Scott Knox’s absence and Assistant County Attorney Barbara Amman’s presence were noted at this time.

 

Mr. Woodard stated myregion.org is in the process of doing a study to incorporate that; and he would like to address some of the charter issues.  He stated they have a problem with Section 1.7 addressing municipal Ordinances and how they will supersede the County Ordinances, when they are in conflict; there is a big concern about home rule; and that is particularly the case where the area of impact for the annexations will be exclusively determined by the Board of County Commissioners.  Mr. Woodard stated he was at a Growth Management Coalition meeting a week ago when the presenter came forward, asked questions, got answers, and never volunteered the fact that this was coming before the Board; and it was after that meeting that he found out this was going to be on the Agenda.  He stated he assumes the rest of the municipalities found out shortly after that; and another concern is circumventing the process that is established in the Charter.  He stated it is spelled out clearly how initiatives should be done by citizens; the newspaper indicated the group started the process in February; but in the last six months, the group has received less than the 1% in each District it is required to have for it to go to the Supervisor of Elections and then to the panel for review.  He stated they have nine months of the initial receipt of the petition by the Supervisor of Elections to do the process; and he is not sure they are having the success they are leading the Board to believe they had.  He stated they are claiming it is going to cost to have a special election; but there are provisions in the Charter that provide that if they are successful, the proposed amendment would be placed on the ballot at a special election held concurrently with the next Countywide election so it does not have to be a special election that will cost a lot.  He stated another issue is that some of the provisions in the petitions address rezoning; Section 5.1.3, Limitations of Ordinances by Initiatives, outlines the power to enact, amend, or repeal an Ordinance or amend the Charter by initiative shall not include Ordinances or provisions relating to the existence of County budget, existing debt obligations, existing capital improvements, salaries, non-elected officers, County officers, employees, collection of taxes, or the rezoning of less than 5% of the total land area of the County; and clearly this would be the case with the proposed amendment.  He stated if the group wants to go through the process, the Board should let the process go; and commented on relationships with the County and the municipalities. 

 

Chair Voltz stated Paul Gougelman was present, but left.

 

Commissioner Scarborough advised of having to serve on the Canvassing Board at 6:00 p.m., desire to hear the next item relating to Canaveral Groves, and Commissioner Colon volunteering to serve in his place on the Canvassing Board.  Chair Voltz stated she has an appointment at 7:00 p.m., so the Board needs to get done. 

 

Georgia Phillips, Councilwoman of the City of Rockledge and Chairman of the Space Coast Growth Management Coalition, stated they made a lot of headway in the last year; maps of Titusville, Cocoa, and Rockledge and their new annexation boundaries have been presented to the Coalition; and they have been working on future boundaries, service area boundaries, impacts of annexation, and a coordinated comprehensive plan with the County to make land use plans the same.  She stated she has a sample of an interlocal agreement between the County and the cities regarding annexation and densities; and they are making a lot of headway without all the whiplashes they have been getting the past several years on these types of issue.  She advised if the Board votes this down tonight and does not allow it to go on the ballot in November 2006, there will be no reason for it to go on the ballot in November 2007 because they will be well on their way to a plan; the ballot language says if there is a JPA in place with an annexation agreement, they do not have to abide by the Charter language; and if the Board can give them a little more time to work on this, they will get it done. 

 

Commissioner Colon inquired who is missing with the joint planning agreement; with Ms. Phillips responding West Melbourne, which has city manager problems; Rockledge City Manager Jim McKnight was going to contact West Melbourne to see what they could do to get them on board with this; and the City of Cocoa has not sent in its joint planning agreement, but there is currently a lawsuit between the County and the City on an annexation.  She stated Cocoa did submit its annexation boundaries although it has not signed the JPA; that is showing a desire to cooperate; and the City is waiting for the final outcome of the lawsuit.  Commissioner Colon inquired if there are only three outstanding; with Ms. Phillips responding just West Melbourne and Cocoa, and there are some beach communities that were not required to submit JPA’s because there is no place for them to go. 

 

Mary Hillberg stated quality of life has been said to be a difficult parameter to discuss, meaning different things to different people; but as a health care professional, she knows better.  She stated she understands that quality of life has certain parameters that are baseline foundation, such as water, sanitary sewer, landfill, and stormwater, which are essential elements to quality of life that are internationally recognized.  She stated in third world countries before anything else happens, those items have to be in place; every child understands that potable water is an essential for life and health; and sanitary sewer and landfill are also essential for the baseline quality of life.  She stated no one wants sewers backing up or incompetent sewer systems; and no one wants to live near a landfill.  She stated as far as stormwater drainage, no one wants to see their property or family at risk from flooding; these are issues that are essential for quality of life; and they are not necessarily about the environment, but are the bottom line.  She stated these items are the responsibility of the County to provide for the people; the Board wants to do the right thing; she has understood from each Commissioner that he or she wants to do the right thing and make everyone happy, which is difficult; and requested the Board consider something to pull out the quality of life issues before continued overgrowth and overdevelopment occurs. 

 

Marlene Adams stated although she is concerned about growth and growth management; and commented on a new high-density development going in on Adamson Road.  She stated she is in support of the annexation amendment as well as other control amendments; and she knows the Board will do the right thing.  She stated people have been talking about Commissioner Pritchard rattling his saber; Canaveral Groves was facing 700 acres being annexed on the south end of Canaveral Groves; they appreciated the fact that Commissioner Pritchard was rattling his saber; and he said he was going to see to it that the County carried a big stick when it came to cities annexing, which makes her confused about his comments in the newspaper today.  She reiterated she knows the Board will do the right thing. 

 

Roberta Richardson stated she has been a County resident for 34 years, living in north, central and south Brevard; and she still retains connections in all parts of the County.  She stated her concern is there is a comprehensive growth plan but too many exemptions are being made for developers; and they are not always good for the residents.  She stated it enriches certain elements of the County, but it creates suffering for the majority of the County as it affects the traffic system, fresh water, sewer, schools, the justice system, and fire and police departments.  She stated all residents of the County are being affected by this; they should have more of a voice; they would welcome being able to vote on major development projects in the County; and if a person has a vested interest and voice in their community, they are more likely to take care of their community and participate in a beneficial manner.  Ms. Richardson stated if people feel they do not have a voice, then they can say they have less responsibility and not care how things go because they have no voice and no power.  She emphasized it is important to give people a voice and a feeling that they have craftsmanship in the project. 

 

Janis Walters stated she lives in Valkaria; and one of the great things about being a Charter County is that the voters can devise a more specific framework for taking care of what they have.  She stated the Charter amendment proposals arose from specific issues that in the eyes of many Brevardians have grown into problems that need to be addressed; with all due respect to the JPA issue that was brought up earlier, the State Comprehensive plan process has been underway since the late 1980’s; and it is now 2006, and some municipalities have still not come to the table.  She advised Palm Bay recently offered its JPA for the first time, even though the County was knocking on the City’s door in 2000; JPA’s with municipalities are only part of the problem; and the other part is concurrency as the County is outgrowing its ability to provide adequate services.  She stated the particular merits of the amendments are not the issue today; the issue is how and when the citizens will get to vote on them; the petition drive is going well; and the Board’s decision today will depend on how tenacious it believes the citizens are and whether it wishes to put the amendments on the ballot in November and give enough time to get proper language, or let the petition drive run its course and pay for a special election later.  She stated the sooner this gets to the people, the better; and it will help speed up the JPA process because it gives the municipalities fewer outs or ways around it.          

 

Beth McMillen stated it is not unusual to see dramatic increases in density or zoning changes when a city annexes a property; currently residents of unincorporated Brevard County have no say if a neighboring property is voluntarily annexed and has its density or zoning changed; and several cities refuse to even grant the right to speak at a city council meeting if a person is not a resident of the city.  She stated the citizens have a right to expect the current zoning and density of the community will not change without their input; and if a city wishes to annex, it is only reasonable that it should give affected residents a chance to vote by referendum as proposed in one of the Charter amendments before the Board today.  He stated the wording of the referendum would be by the County Attorney; the concept was previously proposed by Commissioner Pritchard; and giving the voters a chance to decide an issue that affects them is a good policy. 

 

Vicki Benoit stated she lives in Micco; and urged the Board to send the amendments to the voters in November.  She stated she is going to talk about the three elements of quality of life, which are life support elements, policy, fire, and emergency medical rescue.  She stated the County has set the standard of one officer and one firefighter for every 500 residents; and currently the level of service for law enforcement is 1.76 deputies per 1,000 residents.  She stated Sheriff Parker has done a great job of putting more deputies back on the road, but he is fighting an uphill battle as density increases; and advised she and her husband are both retired Ft. Lauderdale police officers, and their son is currently an officer there.  She stated she is aware of the fact that higher population causes higher crime, which puts a strain on officers when they cannot respond to service calls.  She stated in a memorandum dated October 25, 2004, County Attorney Knox addressed the concurrency level for law enforcement; and he advised where the lowering of density is left to the Board’s discretion under the Future Land Use Element 1.1.c, the level of service standard for police protection is mandatory as set forth in Future Land Use Element 1.2.  Ms. Benoit urged the Board to let the citizens vote on the amendments; stated there can be no questions when the citizens are given the chance to vote on how the County grows; and they are not against growth, but want to have a way to manage it.  She submitted a copy of the memo to the Chairman but not the Clerk. 

 

Bill Myers, Chairman of the Citizens Action Committee of Cocoa Beach, stated several months ago they were asked by Save Brevard to support the group’s efforts in circulating two petitions to manage growth in the County; the CAC Board and membership agreed to support the effort because development in the County is out of control; and if they do not get a handle on it soon, the County is going to be in the same mess as South Florida.  He advised he has been working for the Save Brevard group since February 2006; and explained they did not get the signatures sooner because in February they only had four or five people show up while now they have approximately 30 people for District 2 alone.  He stated they have the manpower to get the signatures if that proves necessary; anyone who thinks the citizens are not interested in the referendums is out of touch with the voters; and advised of collecting signatures in various areas and over 90% of those asked being willing to sign the petition.  He stated he has worked on at least four referendums in Cocoa Beach; and this is by far the easiest he has worked to get the signatures.  He stated the citizens want more control over development; the referendums will provide that control; and requested the Board place the referendums on the ballot in November 2006. 

 

Anthony Caravella, Director of Development Services for the City of Cocoa Beach and member of the Growth Management Coalition, stated he is present to answer questions about where they are on the initiatives.  He stated he does not want to be redundant, so will ask the Board to gauge a couple of questions regarding the particular Charter languages.  He stated he has knowledge in terms of charters, what they do, and in terms of implementation; the Charter is not self implementing; it is a general law; and the Charter amendment that is before the Board regarding concurrency is redundant because State law already requires the seven items that are mentioned, while the three items that are in addition are totally at the discretion of the Board and any city council to implement.  He stated the Board needs to look at whether the Charter itself will create another layer of bureaucracy; with involuntary annexation, the process is going to be required to determine the affected area; and a bureaucracy is being created.  He stated the other issue is whether or not the amendments themselves will create any false expectations; and the Board may want to make sure that any Charter amendment that goes on the ballot does not create any unintended negative consequences.  He noted annexations do not create any land use changes; the annexations do not change density or intensity or assign zoning; and those actions are separate and required public hearings.  He advised public hearings are required when the County chooses to change any zoning or land use within the unincorporated area of the County; and when the Board looks at the involuntary annexation or Charter provision, it should think whether or not there is equity there.  He inquired if the issue is one in terms of trying to maintain some sort of input into zoning, density, or intensity, what rights will city residents have; and advised city residents are constituents for any actions the County may have in terms of increasing density/intensity or increasing zoning in unincorporated Brevard County.

 

Commissioner Colon inquired if the amendments are redundant, how would it hurt if the policies are already in place, and did Mr. Caravella look at what is proposed.  She inquired if it does not apply to municipalities that have joint planning agreements, how the referendum will help when most of the major cities already have joint planning agreements.  Mr. Caravella stated there might be false expectations; and inquired what is the process for the joint planning agreement where there would be a decision or an agreement whereby a city annexes and the density or intensity would increase, and will there be a process for the joint planning areas whereby the cities have to automatically adopt what the County has in its plans.  He stated it is possible; if there is a joint planning area and voluntary annexation occurs, the applicant would come in and make the application for increase in density and intensity; and there is no protection by virtue of the voluntary annexation, so it may be a false expectation.  He stated if the issue is trying to identify some method of managing growth, they could create a more intensive process of public notice and public hearing, and ask the State Legislature to give the citizens more legal standing under verified complaints for changes in land uses that are contrary to Comprehensive Plan provisions of either cities or counties.  He stated right now it is difficult for a citizen to file a verified complaint; it is a legal process; protections are set forth in Chapter 163, Florida Statutes; and it might be the way to better tighten the accountability of all local governments would be to give the people more power under the comprehensive planning Statutes because they are talking about comprehensive planning requirements that are already in place. 

 

Commissioner Scarborough stated the joint planning agreements are voluntary; and Titusville’s JPA includes a provision that before either party can drop out, a joint meeting is required.  He stated the reason the County lost in Cocoa is not because it did not have good reasons, but because State law does not give the counties any rights.  He stated to say that the JPA’s are great documents and that State law is where they want to go will mean they will be forever talking to the State Legislature about this because the cities do not want the counties to have the authority they have now.  He stated certain statements are fundamentally incorrect and create some of the problems the Board is dealing with; and there would not be the problem today with Cocoa if some of the things that are being stated were true. 

 

*County Attorney Scott Knox’s presence and Assistant County Attorney Barbara Amman’s absence were noted at this time.

 

Chair Voltz stated Joan Westfall indicates she does not wish to speak, but supports putting the amendments on the ballot.

 

Janice Scott, Former Mayor of the City of Cocoa Beach, stated it is difficult for people to bring forth an initiative petition for referendum; in Cocoa Beach  it took seven years and four lawsuits; and she does not care how many attorneys one consults to make anything ironclad, someone will find a reason or way to file a lawsuit against any referendum  She stated the initiative petitions went into law and hopefully will stay in place; and the City Commissioners who refused to put them on the ballot did not gain any good will from the residents who had to collect signatures and vote over and over again on four different initiative petitions.  She advised she is not saying that to antagonize the Board; but over the last three years, there have been many people requesting something be done about density and growth; the Board knows the constituents want this; and expressed disappointment at Ms. Phillips and Mr. Caravella’s statements concerning not needing joint planning agreements for the beaches.  She stated there is no place to widen a road along A1A; and commented on Cocoa Beach being on the barrier island, joint planning agreements, and interlocal agreements.  She stated she served on the Cocoa Beach City Commission for over five years; she never heard of anybody having an interlocal government consultation with the City of Cape Canaveral or Brevard County concerning S.R. 528 and emergency evacuations, nor was the City ever consulted by the Port about its expansion.  Ms. Scott stated during Hurricane Floyd, all roads converged at a point on I-95; they were gridlocked for hours in the wetlands; and everyone is predicting the storms are coming more frequently and stronger, so the Board would gain much by putting the amendments on the ballot to let the citizens vote.  She stated the Board would gain the citizens’ will and support; and it is the right thing to do. 

 

Bobby Putnam stated he is from Valkaria; he was not going to speak until the JPA’s were brought up; and commented on being involved with the master plan.  He stated the City of Palm Bay told the Board and the people it would not go east of I-95 except for the 1,600 acre parcel that crossed over I-95; but there were two more annexations that went over I-95 after the City promised the County it would not do that; if the City were truly concerned about keeping its word, it would not do things like that; and the City should have told the developers or land owners that it was not going to do this because it had told the County it would not, so they should wait a little longer and work something out.  He stated it is almost being treated like the impact fees were; a couple of years ago the State started to step in because some places in the State were jumping on board to treat this as a new tax; now that the cost of materials for certain infrastructure has gone up, they are a little more viable; but the JPA’s scare him because municipalities are going out and staking claims to other areas of the County, and the Board does not necessarily have a say on that.  He commented on the residents not having a say on the annexations, no full guarantee, JPA’s being territorial, colonies in early America expanding westward, and General Custer.  He stated at the first myregion.org meeting at the Orlando Airport there was a gentleman at his table who remembered Cocoa before I-95 was put through; he is currently a Mayor in Polk County; and he talked to him extensively concerning annexations.  He stated the gentleman advised of his jurisdiction’s stance on annexations where they are more concerned with fixing what is in the city, and ability of municipalities to cross county borders.  He stated there are cities in the State that are not in just one county; and inquired where does the County want to go if it wants to annex property.  He commented on quality of life, amendment not slowing growth, and big developers helping the cities to find grants and other funding sources to fix issues so they can build. 

 

Commissioner Scarborough stated he is going to make a motion; as a prerequisite, they have to send the amendments to a panel of three attorneys; Ms. Busacca told him that August 22, 2006  is the last regular meeting before the deadline; so he would like the panel to report to the Board with its findings on August 22, 2006.  He stated at that time the Board can further consider its votes, but it cannot proceed until that occurs; and that would allow the discussions to continue for the inquiry as to what the Board will put on the ballot. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to send the Save Brevard Charter amendments to a panel of three attorneys for a legal opinion and bring back the findings to the Board on August 22, 2006.   

 

 

Chair Voltz stated the Board has to send the amendments to the municipalities so it can hear from the individual cities how they think this will affect them; and it is important for
intergovernmental coordination.  Ms. Busacca advised all the cities received a copy of the Agenda item as soon as it was received, but they have not had time to react to it.  Chair Voltz stated they may not have had time to have a council or commission meeting; but if the Board can get all the information to the cities, they can discuss it and provide something to the Board in writing. 

 

Commissioner Colon stated she wants to make sure the Board is clear; she is confused about the JPA’s; and inquired if there is a JPA, then what is the case and why is the Board bothering if there are only two municipalities that are left.  She stated West Melbourne is hardly annexing anything, but could go west; hopefully they will get done with Cocoa; and inquired what is left.  She stated she does not want to be lying to the citizens or letting them think the Board is going to put a referendum in place that is going to solve the problems of the County.  She inquired if the last two JPA’s come through before August 22, 2006, what is left; with Mr. Myjak responding everything.  Mr. Myjak advised it boils down to an agreement; Chapter 163 is based upon the idea that municipalities and the counties will have a joint planning agreement that will address the concurrency issues; but creating a joint planning agreement that only addresses an annexation area does not say anything about how to deal with police service, how they will share transportation for the sick and injured, or how the County will be responsible for traffic service.  He stated it does not even say how traffic service can affect one municipality right into another when one wants to change the zoning and increase the usage of a particular roadway that may already be at level of service F in the neighboring city; and inquired what happens then.  He stated when a joint planning agreement does not address all the concurrency issues, they end up with what they have, which is a paper tiger.  He stated there is a well-defined Statue that articulates what concurrency is all about; the County is supposed to meet minimum set levels of standards provided it has an agreement with its neighbors; and in over 20 years, the County has managed to have the smallest amount of an agreement with Cocoa, Titusville, and Palm Bay, but it does not address the breadth of the problem.  He stated that is the essence of the issue; and inquired if the Board wants an agreement just covering one thing, what about the other 27 things and how will the County deal with those.  He stated the issues were not brought before the Charter Review Commission; they are wholly different issues; and the fact that they have created a feedback mechanism was never presented to the Charter Review Commission. 

 

Mr. Knox advised the provision in the Charter proposal, which is C, is very specific about what kind of JPA will cause an exemption from this provision; and the provision says the JPA has to itself provide for and adopt regulations affecting land use in the area that is covered.  He stated the County does not have a JPA like that now; so there will be no JPA that qualifies under this exemption; so the provision is entirely different than what the Board has now. 

 

Commissioner Colon stated it is just a feel good JPA with no teeth; with Mr. Myjak responding it is a paper tiger.  Mr. Myjak stated this will provide a control mechanism that will give the people the right to vote; if they are afraid of the right to vote, then they need to come to the table and arbitrate an agreement with the County; and it will depend on how the municipalities in the County want to interact.  Commissioner Colon stated that is for anybody coming in the future; but folks need to understand that right now in South Brevard annexation has already taken place; and there is no turning back on what has been already accomplished.  Mr. Myjak advised it is the same with transportation; and there is nothing they can do about the half a billion dollars the County is behind in transportation spending; but this will create a path to go forward to fix the problems in the future, which is all they can ask for.  Mr. Myjak noted it would be too much of a burden to try to fix everything. 

 

Commissioner Pritchard inquired if Section 9.7 is the exemption Mr. Knox was referring to; with Mr. Knox responding yes.  Commissioner Pritchard stated it is still a JPA; with Mr. Knox advising it is a JPA with teeth.  Commissioner Pritchard inquired what teeth; with Mr. Knox responding it is enforceable; there are restrictions; if the City of Cocoa loses the annexation case that is still on appeal with the Fifth District Court of Appeals, the City is going to come back and try to amend its Ordinance to do it the correct way the second time around; and the provision that is in place will give the City a choice.  Mr. Knox advised the City can either say it will do that, but it is going to have to go through the process where the Board determines that there is an impacted area so there is going to have to be a referendum with both the City and the unincorporated area; or they can enter into a JPA that limits density in that area to one unit per acre and the County and City can enforce that, with anybody living out there also enforcing; but they do not have that yet.  Commissioner Pritchard inquired if Mr. Knox is saying the language of the JPA can be irrevocable; with Mr. Knox responding that is correct.  Commissioner Pritchard stated he mentioned a year and a half ago about rattling a saber and seeing what could be done; and since then he had a lot of heartburn over what has been going on with the Growth Management Coalition.  He stated there has been a lot of talk going on; but he has not been thrilled by any sort of result because he has not seen anything.  He stated this is going to come back on August 22, 2006; and requested staff provide a matrix because if there are seven items that are redundant with current State law that leaves three that are out there, and he would like to know the effect of the three.  He stated Mr. Knox’s comment about the 9.7 exemption and how it can have teeth is something that the Commissioners need to understand better; and he would like a comparative analysis, which a matrix will provide, to see the issues as proposed and what the current law is, so the Board can get a feel for where this may or may not go.  He stated his concern is the same as Commissioner Colon mentioned, he does not want someone to feel this is the end all to end all; people need to realize it may not be; and there always seems to be a loophole somewhere and someone interested in litigating.  He stated he will be interested in seeing on August 22, 2006 what the input is from the information that is developed as well as the input from the municipalities; and they will see where this goes.

 

Commissioner Colon stated she has been on the Space Coast Growth Commission; it is a matter of trust; and that is difficult to overcome.  She noted Commissioner Carlson was part of the same group; the people were very genuine in wanting to make some changes; and recommended they try to figure out what Seminole County put together so they do not try to reinvent the wheel.  She stated when she went to the Florida Association of Counties, there were 67 counties that felt they were the fastest growing in the State; so Brevard County is not the only one dealing with growth.  She stated they want to know what other counties are doing to help themselves; this is about the County trying to help itself; and it seems like the Governor is telling everybody to be at the table.  She stated the School Board did not want to get together with the Board for a workshop; and she wanted to discuss concurrency, but the answer was no.  She stated in 2000 or 2001, she was trying to force everyone to sit down and work things out; whatever they approve will affect someone else and vice versa; and she wants to make sure they do not have anything to lose by going forward to get a legal opinion and doing some research on what other counties are doing.  She stated they also have to see if the
municipalities are willing to put more teeth in their JPA’s; a letter needs to go to the municipalities letting them know that this is something that is possibly going to be considered and suggesting they address their JPA’s; and at this point they are almost desperate and cannot have a paper tiger.  Commissioner Colon stated they are not saying they are approving anything tonight; the Board is just saying it is going to try to get a legal opinion; and it is moving the item along and trying to get everyone to join in.

 

Commissioner Pritchard stated under 7.3.2.3, it says a panel of three persons, but it does not say three attorneys.  Mr. Knox suggested Commissioner Pritchard read further; and Commissioner Pritchard read aloud the section, “demonstrated experience in local government law and either be licensed to practice law or have retired from a Florida law practice.”  Commissioner Pritchard stated what he was reading into this was that they do not have to be active attorneys; with Mr. Knox advising that is true.  Commissioner Pritchard stated the provision does not say they have to have a special election; he does not want people to think they are being forced into a last minute effort or it will otherwise cost $800,000 for a special election; and read aloud, “the Board will within 30 days establish the referendum date and the amendment will be placed on a ballot at a special election held concurrent with the next countywide election or at a special election”; and it is not an absolute expenditure of $800,000. 

 

Commissioner Colon stated one thing they discussed last year was that because they were going to try to put together some JPA’s, the municipalities were going to hurry to annex; even with the Space Growth Management Coalition, it has not stopped any annexation; and she is sad about that. 

 

Mr. Knox advised the Board has a policy that requires the 60-day review by municipalities, which can be waived; it is a Resolution; and the Board needs to do that if it is going to come back on August 22, 2006, so it needs to be part of the motion.  Chair Voltz stated the Board needs to make sure the cities know.  Commissioner Scarborough suggested the attorneys for each municipality be contacted to advise what has occurred.  Chair Voltz inquired how is the Board going to let the municipalities know; with Commissioner Scarborough responding he wanted Mr. Knox to get with the attorneys. 

 

Chair Voltz called for vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Scarborough stated the Supervisor of Elections needs to take some action by 7:00 p.m.; the next item concerns Canaveral Groves; and requested the Board appoint Commissioner Colon to serve on the Canvassing Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to appoint Commissioner Colon to serve on the Canvassing Board.  Motion carried and ordered unanimously. 

 

 

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

 

 

Dan Foss read aloud portions of a letter he previously sent to the Commissioners via email concerning the need for a connector road from Canaveral Groves to I-95 at Port St. John Boulevard; and advised it is also an attachment to the Agenda. 

 

Chair Voltz inquired if Mr. Foss intends to read the entire letter as the Board already has the letter; and suggested he summarize.  Mr. Foss responded people who wish to speak in opposition have not had the opportunity to read the letter, so he wants to make points on several scenarios.  He stated there are 281-plus homes in the Palms area; if fires burned close to the north, east, and west of that area, it could close off Pine Street, which is their only way in or out of the area; and there could be a loss of life in that case.  He stated to have a way out to the north he is asking for the connector.  He stated in scenario two there was a lot of flooding in the Palms area; most of it receded quickly; but if Pine Street was washed out, there would be no emergency access or egress.  He advised scenario three would be a tornado; there have been a couple of tornadoes in that area; and if a big tornado came from the south, they would be trapped and unable to get out via Pine Street.  He stated scenario four had to do with the fact that there were accidents that happened due to the smoke and fog from the Canaveral Groves fires; if there were a chemical accident, they would need an evacuation of the 218-plus families; Pine Street is the only way in and out; and if it was important for the Port St. John residents to have access, the same should be considered for those Canaveral Groves residents in a similar situation.  He stated only 3,000 feet of road construction would be needed; it does not have to be anything but emergency access and egress; but it is a concern. 

 

Cliff Leffler stated he has talked to quite a few of his neighbors about this; they are worried about connecting all these streets and having a Grissom Road going through this agricultural community where everybody rides their horses or bikes and people take their children for walks.  He stated there are no sidewalks in the area; there is no way to get in and out of the areas safely; it has a very slow speed limit of 25 mph; and most people said they would like to have stop signs at each one of the streets to keep traffic slow, maintain the 25 mph speed limit, and have sidewalks such that they can still get their horses out.  He stated other people asked if the road was going to be put through, that a gate be put there that could be unlocked in the event of a catastrophic problem, but not be used all the time to turn the community into a freeway.  

 

Steve Kastner stated his neighbors have some good valid points; it is a very peaceful agricultural community; but he is thinking about what is best for the majority, and the majority wants the connection.  He stated he respects the opinions of others; but the issue of emergency vehicles is a good point too.  He stated another issue is convenience; and he wants the convenience more than anything.  He stated if he could get on the interstate in two minutes, he could get to work in no time; but right now he has to go past the dump and drive through another community where the speed limit is slow.  He stated it would be much more convenient to have an access road; he would save gas; and he would like that.  He noted there are a lot of people who could not be present today but are in support. 

 

K. C. Townsend stated she lives west of I-95; however, she is closer to the dump than the people who are living on the Palm streets; and her main concern with putting a connector between Port St. John Parkway and Pine Street is that it will become the road to the dump from the north end of the County.  She stated on Adamson Road there are workers who collect the trash which comes off refuse trucks, garbage trucks, and private haulers; and if the connector is built, it is going to bring everything from the north end of the County through the three or four miles that is now rural residential with no sidewalks or ditches.  Ms. Townsend stated she has a lot of horses, so traffic is a concern; she is employed by the public schools and is aware that the elementary children are the ones who catch the bus earliest on Pine Street; and those children will be out there while all the truck traffic is coming through before daylight.  She noted a lot of the big garbage haulers are at the dump when the dump opens at daylight, so there are a lot of concerns that need to be addressed other than just emergency vehicles.  She stated Pine Street, which has been there for over 25 years was not engineered for heavy truck traffic; and if there is a higher level of traffic, there are going to be more problems with the road. 

 

Cindy Blach stated she is speaking regarding not accepting the roadway going through; she is right on Pine Street; and the people who are right on Pine Street will be negatively affected by the heavy traffic, dump trucks coming in, and all that stuff.  She stated the road is small as it is; they moved into the area two years ago because they wanted to be in the country; they did not care about being inconvenienced to get to the store; they wanted to have horses, be able to ride, and have their kids be safe on the road.  She stated most people in Canaveral Groves are there for that reason; it is horse and bike country; and they do not want to worry about traffic.  She stated they are in the middle of nowhere; they moved there to have horses; and advised of an accident she had on Pine Street where a speeding heavy construction truck came down the road, did not slow down, and her horse trampled her.  She stated she called the police but was told there was nothing they could do about it because there are no laws that protect horse people.  She stated she is in fear of what will happen to the area and all the people who have move out there to be in a private country setting with their horses; it will be forever changed; and recommended, if it has to be an emergency road, that it be a graded dirt road with a locked gated entrance so traffic cannot come in and out of there.  She stated they fear that if it is opened with I-95 right there, the crime rate will go up because of the easy access out; there are quite a few people who could not make it today but are against the road going in; it was very short notice for people who could not get out of work; and requested the issue be tabled until the people can organize, poll, and have petitions.  She requested the Board find in favor of the people who live out in the country and want to keep it country and not put the roadway in. 

 

Marlene Adams stated there are countless neighborhoods in the County that have one way in and one way out such as Cypress Woods and Veronica Estates, so that is not a good argument; there are a network of roads in the quad of Canaveral Groves where people can maneuver and get out; the gentleman who brought this forward lives on a dead-end road that backs up on a lake; there may even be a flag lot there too; and if we was worried about safety, he would not be there because he is locked in if something happens at the end of his road.  She stated it is not convenient for everybody to come through there; they have a rural atmosphere because it is inconvenient to do so; they have to go around to get to I-95; and it takes a few minutes more, but the lifestyle they have is worth it.  She stated if someone could prove to her that the opening of the north end of Pine Street would be a great benefit to all of the residents living in Canaveral Groves and not simply a shortcut to the County landfill, she would be for it too; but she fears that the benefit of going north on I-95 will never offset the adverse effects that will go on forever and the loss of quality of living to residents off of Pine Street, in particular.  She stated for people coming from Port St. John, Pine Street is on the way to nothing but the dump; and garbage trucks, yard trash trucks and trailers, and construction traffic coming from Port St. John and from construction north of Canaveral Groves will ruin this half of Canaveral Groves and could be a danger to children and pets living and playing along Pine Street.  Ms. Adams stated she moved to this area to get away from crowded conditions, traffic, and high density housing; if Pine Street is opened, she fears that another sterile concrete jungle development will be going in, devoid of trees and wildlife, with a density higher than one unit per acre; and that will bring more traffic through to the dump and increase the current minimal crime rate.  She stated she wishes she could hear the hidden agendas of some people who want the road opened; and she thinks the Board would see different reasons besides safety or convenience to get to I-95.  She stated many Canaveral Grove residents on the east side of I-95 who are for the opening of Pine Street are hoping to alleviate their dump traffic and the resulting litter and noise from the trucks; and she can appreciate their concerns.  She stated they will not affected by Pine Street as she will; they already experience all of the dump traffic; and living at the south end of Pine Street, they experience all the Canaveral Groves dump traffic.  She stated the litter on the way to the dump is unbelievable; and advised of reporting a suspicious white barrel that was dumped on the side of Pine Street and S.R. 528 months ago that is still there.  She stated commented on participating in trash bashes, impact of opening Pine Street, and not giving people living east of I-95 a day as they will not be negatively impacted.  She stated if a poll is taken, it should be only the people that live along Pine Street that will be adversely affected; and she has no hidden agenda except to protect their quality of life, preserve the rural character, protect the children playing along the roads, and keeping urban sprawl out.  She stated she travels to Titusville daily; the convenience of access to I-95 would be fabulous; but everything has a price, and that price is too high.  She stated if the Board is thinking about doing this, it should instead take that money and give it to the firefighters. 

 

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

 

Douglas Broadbent stated he lives in Canaveral Groves and is for having the road go through for a number of reasons.  He advised of helping the firefighters fight the fires; stated it was a horrifying experience; he has never done any firefighting; but he got up on the roofs and watered them down as well as helping the firefighters with hoses.  He stated he was exhausted; there was smoke in his eyes and he could not breathe; and he and his wife fought the fires for two or three days, went back home, and realized the fire had jumped over I-95.  He stated if the fire had kept going, it would have separated them from any way to get out; and it was a horrifying experience.  He commented on the impact of a fire coming down S.R. 520 or S.R. 528, closing off the 218 houses; stated there were not enough firefighters; they were exhausted; the flames kept coming up; and it was a miracle that houses did not burn down.  He stated it is an extreme situation; someone has to address it and find a way to get a road through there; the speed limit on Pine Street is 25 mph; and if there were stop signs on Pine Street, the garbage trucks and construction trucks would get on at Port St. John and go right down I-95 where they can go 70 mph and get off on Adamson Road from I-95, so it is not going to be as much impact as people think it will be.  He stated a lot of people speed; but if they had radar and law enforcement there stopping vehicles, they would think twice about speeding; and if they put a restriction on heavy duty vehicles on Pine Street, just like they do on Citrus and other streets, there would not be heavy-duty vehicles on Pine Street.  He stated he rides a bike, so understands that if there are large vehicles, it is necessary to be careful because the roads are not very wide; and that is in every community.  He stated going down and getting on I-95 is going to change the quality of life that he will have with his family; adding up the time one spends going and getting on the highway equals four days a year; those are four days he could be spending with his family; and that is one reason the road should go through.    

 

Bill Cannon, President of the Canaveral Groves Homeowners Incorporated, stated he lives on Pine Street; and the homeowners association got involved with this after a call from former Sheriff Jake Miller, who also lives on Pine Street and has a true safety concern.  He stated they met with Commissioner Scarborough and two other gentlemen who lost some vehicles and structures in the fire; they opened dialogue with the Board and staff; and there is a viable concern that needs to be addressed.  He stated they are having a town meeting with Mr. Denninghoff and Mr. Osborne to hopefully resolve this situation; he has to remain neutral as President of the Association; but it definitely has pros and cons.  He stated he hopes the Board considers this at a later date after they are able to provide some data to the Board from the town meeting.  He stated there are a lot of people who could not be present today, but would have liked to be here; and he hopes they can get some positive information back.        

 

Chair Voltz inquired if the County has the money for this; with Commissioner Scarborough responding definitely not. 

 

Commissioner Scarborough stated when they talked about this previously he advised before they could even contemplate any money for planning, they would need a consensus from the community; there are hundreds of millions of dollars in backlogs of road projects in the County; and inquired if it is $300 million or $400 million; with Transportation Engineering Director John Denninghoff responding it is well over that.  Commissioner Scarborough stated he told people last time it will not get into the discussion if there are a number of people coming to the Board to say not to include it; there are things now that the Board cannot fund; and commented on reaching consensus of the community, meetings, people who are opposed having more perseverance than those in favor, and a meeting at Manatee Hammock where the only people present were opposed.  He stated the community has an absolute right to study and discuss it; but Commissioner Voltz is right, it is not even started at the county level.  He stated if the community wants to ask questions of County staff, staff will answer; and if they want to meet with him, he will be available. 

 

Chair Voltz stated at this point, they are not going anywhere with this. 

 

Commissioner Scarborough stated there are hundreds of millions of dollars of projects that they do not have the money to fund; the Board is not going to leapfrog a project in front of the other projects; but there are some very valid reasons that have to be responded to.  He stated that is where they are; they are willing to talk to anybody in the community about anything; but there is nothing to vote on.  Chair Voltz advised there is no money to do it; and to even put it in the plan is not likely to happen.

 

Commissioner Scarborough thanked everyone for coming to the Board; stated even though the Board is not considering, it helps to understand there are some valid thoughts on both sides; and the community has real reasons to discuss this. 

 

Commissioner Carlson stated she agrees with what Commissioner Scarborough said; she is sure that Chief Farmer did an after-action report on the fire and the consequences; and if there were any problems with accessing those areas, that needs to be addressed.  She stated they may not be extending any road, but certainly they are looking for a plan for the community; and some of the scenarios are frightening and should be remedied somehow.  She stated she hopes that Chief Farmer will be looking into that. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Governing Body of the Mosquito Control District.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox stated this eliminated one of the counts and probably saved the Board $1 million.  He stated the County has owned the property since 1998; the Blasky’s paid taxes on it since 1998; and the Board needs to refund the taxes.    

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Consent to Judgment as to Count II, Slander of Title, in Blasky v. Brevard Mosquito Control District, for the amount including fees and costs of $5,025.75 plus pre-judgment interest for eight years in the amount of $4,020.64 for a total of $9,046.39.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve reimbursement of $3,443.29 for property taxes paid by Michael and Anita Blasky on the property that was taken by the Brevard Mosquito Control District on June 22, 1998.  Motion carried and ordered unanimously.    

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adjourn as the Governing Body of the Mosquito Control District and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz advised Commissioner Pritchard’s birthday is next Monday; and the Board wished him a happy birthday.

 

 

 

Chair Voltz stated the results of the incorporation referendum for Grant-Valkaria are 66% in favor and 34% not in favor; and congratulated all those who worked hard to make this happen.  She stated she knows a lot of people thought she was not in favor of this; that was not the case; but she had to be neutral because there were people on both sides.  She stated she looks forward to working with them, because even thought they will be a city, she will still be their Commissioner in District 3.

 

Commissioner Colon stated this is historical.  Commissioner Scarborough advised of the failures of referenda in Merritt Island, Suntree, and Port St. John.  Chair Voltz congratulated the new city.  Commissioner Carlson inquired what will it be named; with Commissioner Voltz responding Grant-Valkaria.  County Manager Peggy Busacca advised there will be a lot of interlocal agreements between now and the effective date. 

 

 

REPORT, RE:  MEETING WITH THE TICO BOARD (CONTINUED)    

 

County Manager Peggy Busacca stated the August 30, 2006 date works for all the Commissioners, Mr. Kerr, and six Tico Board members; Mr. Schenk has not returned the call yet; and Dr. Matt Boucher cannot be present.  She advised the Tico Board attorney also cannot make it to the meeting. 

 

Commissioner Carlson stated Mr. Boucher is her appointee; he supposedly does not live in the area; and she does not know what his status is.  She stated she will need to remedy that. 

 

Ms. Busacca stated the only one they are unsure of is Mr. Schenk; everyone else can make it, except the attorney; and the meeting will be scheduled for August 30, 2006 at 6:00 p.m.      

 

Commissioner Carlson inquired if the Tico Board attorney cannot make it; with Ms. Busacca responding that is what she was advised.  Chair Voltz stated there may be another cancellation.  Commissioner Carlson stated the Tico Board needs to find another attorney.  Ms. Busacca stated staff will contact all Commissioners to see what Agenda items it would like to consider.  Chair Voltz stated she will forward the Agenda she received from Tico to Ms. Busacca. 

 

 

 

Upon motion and vote, the meeting adjourned at 7:24 p.m.

 

 

 

ATTEST:

                                                                         __________________________________

                                                                         HELEN VOLTZ, CHAIR

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

 

              (S E A L)