MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

September 4, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 4, 2008 at 4:06 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Christine Lepore.  Absent was:  Commissioner Mary Bolin.

 

 

The Invocation was given by Father Douglas King, St. Paul’s Anglican Church, Melbourne.

 

 

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

 

 

Commissioner Colon stated Brevard County is trying to identify some possible dollars; and she asked Ernie Brown to be present to speak to the Board.

 

Natural Resources Management Director Ernie Brown stated that staff met late last week with Representative Thad Altman and Senator Mike Haridopolos by telephone, along with the Florida Department of Transportation (FDOT); both Representative Altman and Senator Haridopolos were interested in looking for emergency funding to try to alleviate some of the flooding concerns; and of particular interest to the legislators were the Lamplighter as well as North Merritt Island concerns.  He advised staff met with FDOT yesterday in Deland and it has green-lighted staff to do some culvert work underneath I-95 to alleviate some of the flooding issues in the District 4 area, upper Eau Gallie area, and Lamplighter; FDOT said if staff can get the money, it has contractors ready to roll; the widening of I-95 is happening now; and there is someone on staff to contract that can actually push 48-inch culverts underneath there to provide some relief to those areas.  He noted recognizing that FDOT gave a two and one-half week window, it is quite tight to pull together approximately $3 million to accomplish such a feat; staff is working the issue and have been working with the Governor’s Office; everyone seems very willing to help Brevard County find the emergency funds to try to accomplish this project in a very short window of time; and staff has been diligently working with key players to try to make this happen.  He stated he is not sure where the money is going to come from, but everyone seems interested in finding the money for this project; staff is putting together a letter now to the Delegation and to the Governor for Board approval
and signature to facilitate this process to find emergency funds to provide relief this hurricane season to these affected areas.  He explained that staff can get that letter to the Board hopefully before the end of the day for its review and consideration.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize the Chairman to sign letters to Governor Charlie Crist, Senator Mike Haridopolos, and Representative Thad Altman requesting assistance in finding emergency funds to alleviate flooding concerns in North Merritt Island, West Cocoa, Sarno Lakes, Upper Eau Gallie/Lake Washington, and Lamplighter/Upper Crane Creek; and staff to install stormwater culverts under I-95 in District 4 immediately.  Motion carried and ordered unanimously.

 

 

Representative of Florida Power & Light Company Sandy Sanderson stated if the Board will remember from his last time standing before the Board, he told it the whole project was predicated on having enough power in reserve so the current plant can be taken off-line for an extended period to tear it down to build a new one, and that was all predicated on them being able to get a unit built down in Palm Beach County; today the Public Service Commission ruled on three plants, they gave the go-ahead on the plant in West Palm Beach and for the modernization of the Cape Canaveral Plant and the Rivera Beach Plant; and that is tremendous news as they now have the go-ahead and they are full steam ahead.  He advised he has with him a colleague who is the Project Manager for the Project.

 

Chairman Scarborough stated Mr. Sanderson was going to make a little presentation outside of the zoning about what it looks like; and inquired if he could do that now so everyone can see what a positive impact it is going to be.  Mr. Sanderson stated one of the key elements in the whole thing to him personally is the efforts to keep the neighbors and friends in Port St. John informed of the whole process; as they go through the process, the various stages, what is coming next, what the timing is, what the impact is, there is just a good dialogue with the neighbors; they started out after the announcement was made, there was an open house at the Parrish Medical Center in Port St. John; and on Saturday between 2:00 and 4:00 p.m. in Port St. John there will be a community update at the Library.  He stated it is for all people who are viewing from home, especially those from the Port St. John area, but it is open to anyone who would like to come; they will certainly welcome he or she to come up to see them; they will have experts there to talk about each specific area for the individual residents concerned about the reduction of the omissions, aesthetics, or the tax base; and they look forward to talking one-on-one with all of their friends from Port St. John.  He noted as they go through they will have a very thorough communications channel between residents up there through the happenings and the community advisory group; and that will be the key thing.  He stated his colleague for the Corporate Offices, Chris Heron, is the Project
Manager, which a critical spot in the whole process because there are many different units that are involved in this; and Chris is the guy who stands at the apex of that to make sure all of the coordination amongst all the various units so that the process moves along smoothly. 

 

Chairman Scarborough inquired if Mr. Heron has any pictures of the proposed plant; stated it is a lower profile, cleaner looking plant; and it was like an equivalent of taking 200,000 cars off of the road or particulates out of the air so that the air is cleaner. 

Chris Heron stated he apologizes for not bringing more pictures; advised at the meeting on Saturday they will have 36x24 boards of what it looks like now and what it will look like in the future; and all of the various people who are critical to make the project go forward will be able to talk about specific issues.  He stated what the Board sees now is the rendering of what is the state of the art combined cycle unit 1,250 megawatts, which is about 50 percent more power that will be generated on the same footprint using the same intake and discharge structures with no additional land required; and about $12 million is the additional revenue the new project will bring to the County, schools, and other taxing authorities.  Chairman Scarborough stated the County will not only get a new plant with cleaner air, there will be $12 million to run the schools and the County, so that is taxes they will be paying the County.  Mr. Heron stated one of the things is the reduction of the stack height will go from about 400 feet to 150 feet; and what that allows them to do is say that the overall aesthetics of the plant is improved, the omission quality is tremendously improved, carbon dioxide omission rates are reduced about 50 percent, particulate matter is about 88 to 90 percent contained.  He stated when the facility is decommissioned in September 2010, a provision has been made to provide warm water for the Manatees.

 

Commissioner Colon inquired if people’s jobs going to be affected in any way; with Mr. Heron responding the number now will be the same in the new facility; and stated no projected cuts in jobs are planned.    

 

 

Chairman Scarborough stated that Commissioner Colon has volunteered to temporarily replace Commissioner Bolin as the Emergency Operations Center contact person.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Commissioner Colon to temporarily replace Commissioner Bolin as the Emergency Operations Center contact person.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough distributed paperwork to the Board.  He stated he wants to talk about preserving the integrity of the Space jobs; most everyone knows that the average
wage at the Kennedy Space Center is $77,600; and that is twice as much as the County average.  He stated the workforce reductions came out in March; while the County was being reduced by 64, Marshall Flight Center was being doubled, and so not everyone lost.  He stated a person could say that is purely because the County does not have to have the work here and Marshall needs it there, but that is not so.  He advised in fiscal year 2008 there were 82 earmarks in the NASA budget, totaling over $90 million; of that $90 million, Florida walked away with a whopping $700,000; so it is more than just the Space Center, Florida is not getting its fair share.  He stated the County got $14.5 million in launch infrastructure, $1.2 million in workforce, and $500,000 in research, and it did remarkably well with the Florida Legislature; and the question becomes why some people are successful and some people are not.  He stated one of the handouts is from the San Francisco Chronicle, but it was all over the newspapers; the vice-presidential candidate on the Republican ticket, they were reporting them paying $27 million in federal earmarks when she was a mayor of a little hamlet with 6,000 people; and it was credited to the fact that she got a good lobbyist.  He noted he has dealt with lobbyists for a long time and the County has gotten things from lobbyists and not gotten things from lobbyists; what has made the magic as far as he is concerned is when the County got Leigh Holt; and Leigh was able to drive John Thrasher.  He stated the Board needs to ask is it getting its fair share in Washington, D.C., are there ways to be more effective in Washington, D.C., and he wanted to discuss options at the next budget meeting but will not pursue it further tonight.  He stated he wanted the Board to see some of the data that he has been given by various interested persons.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Janet Eastman to the Brevard Workforce Development Board, with a term expiring June 30, 2011.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve and authorize the Chairman to sign Easement, Resolution, and Bill of Sale in favor of the City of Cocoa for property within the Viera Health Department Complex.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan Agreement with Carl W. Loggins for property located on the west side of Clearlake Road, north of King Street.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan Agreement with Ibrahim & Haroon Real Estate, Inc. for property located on the northeast corner of Robles Lane and U.S. 1, north of Viera Boulevard.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan Agreement with M & J Enterprises of Brevard, Inc. for property located on the northeast corner of Roosevelt Road & Old Dixie Highway.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution of Necessity; authorize the Chairman to execute same for the commencement of condemnation proceedings for the acquisition of parcels on Wickham Road Widening and Improvement Project, Nasa to SR 192 in Section 36, Township 27, South, Range 36 East, Brevard County, Florida; and direct the County Attorney’s Office and staff to proceed with this action.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the advertisement of bids, award to the lowest responsible bidder, and authorize the Chairman of the Board to execute the associated contracts.  Motion carried and ordered unanimously.

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

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution and execute Utility Easement to Florida Power and Light Company for electrical services to the Community Center at South Beach Community Park. 

 

 

R. Victor Brungart thanked the three Commissioners who are leaving the Board; and he wants to thank Commissioner Scarborough, Commissioner Voltz, and Commissioner Colon for their service to the community.  He stated on July 11^th proposed fiscal year 2008-2009 operating and capital budget that County Manager Peggy Busacca gave the Board says, “The Brevard County Government provides diverse services to an expanding constituency of over 500,000 residents and visitors.”  He stated this item, Consent Agenda III.H, is regarding appointments and reappointments on the citizen advisory boards, and he would like to step forward and have the Board consider the possibility of he being appointed to a budget citizen advisory board.  He advised he has a lot of expertise in budgets; he received it at Exxon Corporation where he was on a career track to be the CEO of Exxon Corporation; and he got it at City Corp where he worked for Hamback, which is involved with municipal bonds assurance, insurance of municipal bonds, so he knows a lot about it.  He noted on the outside of the door here it says, “Politeness costs so very little” by Abraham Lincoln; and he wants to be very polite but he also wants to be very direct.  He stated he hopes Bob Bolin is okay because he has been a friend of his for a very long time.  He advised the reason why he dropped his campaign for District 4 Commissioner last time out was deference to Bob.  He stated the first time he filed he was almost dead from a car wreck when he filed to run against Sue Carlson.  He stated the current fiscal year 2008-2009 budget is $1.1 billion and it is down from the fiscal year 2007-2008 of $1.4 billion.  He stated the Board is supposed to provide a community, which exceeds and is recognized for providing for the health, education, and social needs of its citizens and protecting and conserving valuable natural resources; for those two items he gives the current Board an A; but he gives the Board an F- on fiscal conservatism because it has been poor with the monetary resources.  He advised having been involved with bonding, he thinks what the Board has done is it has hamstrung future Board’s with the inability to fund the dollars necessary to fund road and facilities infrastructure; it is woefully inadequate in this County to be able to have good roads and good public services for the community; the Board has done a great job with Health and Human Services; but it missed the boat on providing monies in the future to rebuild the infrastructure.  He stated he wants to commend the Board for
doing the best it can.  He stated there will be three new people on the Board, Trudie Infantini, Andy Anderson, and Roger Shealy if the voters decide to vote them in; that will be three of the five who he knows will be fiscally conservative; and for Commissioner Bolin and Commissioner Nelson he hopes each will be fiscally conservative for the new Commissioners.    

 

Commissioner Colon stated she totally disagrees; she believes the Board has done a terrible job regarding Health and Human Services; if anyone has watched what is going on in the community and the needs of the community, he or she would be very clear on knowing that the dollars have not gone into Health and Human Services; regarding the roads, from day one this Board and every Board before has had that particular problem; and the Board was sensitive in making sure it did not put a referendum regarding the roads because the taxpayers were clear about not being taxed any more.  She stated the public is not supposed to use the podium to promote anyone; the Board needs to make sure that what goes for one citizen applies to everyone; and the Board has to make sure it does not come across like it is catering to one particular party.  She noted at that point it looks like the Board is promoting a particular candidate; and the Board does not want that.

 

Bill Rowell distributed handouts to the Board.  He stated he wants to focus on the areas behind Brevard Community College.  He advised the lake expansion being considered today is comprised of about four acres of lake expansion area; the Chain of Lakes system is vital to this area; it serves about a 1,200-acre watershed; and this is the last chance before the runoff goes straight into the Indian River.  He stated though the Lake looks large it is nowhere near large enough to serve the entire watershed, so the expansion is critical towards the nutrient removal and environmental enhancements that the River will get from this; at the same time it provides a tremendous area for Parrish Medical Center’s new Main Street PMC, which everyone will hear about shortly; and some community college enhancements that need to be done in the near future.

Chairman Scarborough thanked George Mikitarian as the Project goes forward; the Hospital has contributed one-half a million dollars to the Project; the College has donated four acres of land for this expansion of the Lake; it is not only for the Hospital’s benefit but actually the College to some extent lost land; but they believe in it so much they have become partners in the Project. 

 

George Mikitarian, President and CEO of Parrish Medical Center, stated he has Dr. Patricia Manning with him who is also on the Board of Parrish Medical Center, as well as Laurie Smirl who is the Executive Director of his foundation, and one of Parrish Medical Center’s Board Member’s Gene Sego.  He stated as the Board said, this is one of the best public cooperative projects in the history of Brevard County; the opportunities that
have been created by the collaboration of five or six public organizations that have come together and have been flexible in anteing up property, putting forth funding, and
assisting in design and work has just been phenomenal; and it not just benefits the people of North Brevard County, but is an example for everyone in the County of how to work collaboratively towards great public projects.  He stated as Chairman Scarborough said, they are anticipating an expansion towards a project that will provide at first healthcare services for the seniors and needs to modifications to their site, which is why they have come forth with an additional one-half a million dollars towards the Project, which is in addition to a million dollars they have already expended on the land itself; and Brevard Community College has been flexible in its willingness to consolidate some of its land with Parrish Medical Center’s land into a new joint entity for the purposes of the expansion of this lake system.  He advised the expansion of the lake is very important for the watershed for this entire part of the County; they are putting forth a good-faith effort to make the Project successful; they are working very well with Brevard Community College; and he urged the Board for its support.

 

Commissioner Colon thanked Mr. Mikitarian as it is one of the proudest projects that the Board has worked on; and she also wants to thank Chairman Scarborough who had a lot of meetings and helped merge many of the partnerships. 

 

Chairman Scarborough suggested that everyone give Mr. Mikitarian a round of applause for all of his work with this Project.

 

Linda Miedeme, President of the North Brevard Community College Campus, stated they are very proud at BCC to be part of this Project; it has been a synergy that has taken on a life of its own and has created partnerships and cooperation unheard of; it is truly a partnership everyone should be proud of; and she is here to show she is in support of proceeding with the Project because it benefits the County water, hospital, college, and the entire community.

 

Chairman Scarborough stated he needs to tell a story.  He stated the area in red is the St. Johns Water Management District is where the lake was initially going to be placed; it got harder and harder to permit; so he met with Jim Drake and George Mikitarian advising the Project may not work; when he walked out of there Mr. Drake had volunteered to donate four acres of the College’s property; and St. Johns is happy that it able to preserve the hardwood hammock that does flood, and to have the lake expansion.  He stated after that they moved to where the college and hospital were going to jointly own the upland properties because they felt it was easier jointly owned rather than have to work deals on each other’s properties.  He stated Linda, Jim, and the Board of Trustees deserves applause as well.

Laurie Smirl stated she has enjoyed working with the Board so much and is sorry to see some of the Commissioners go off of the Board, especially Chairman Scarborough; and he has been tremendously helpful to support the Project.  She advised she is with the Jess Parrish Medical Foundation, and its part of the Project is partially funded through
philanthropy; it has been a big dream to be able to raise money and accomplish this Project; it is not just a corporate vision or something that they hope to accomplish; but
there are actually 300 donors that have raised $2.1 million to date for the Project.  She wants to thank the Board on behalf of the Board of Directors and supporters; and she urged the Board to support the part of the Project that will expand the lake.  She stated it is the lakefront that will contribute to the healing environment of the Project, the Main Street PMC part of it; it is the lakefront and the partnerships that create the setting for one continuous area for healthcare, education, recreation, environmental protection, and historic preservation; and it is the lakefront that allows the synergy of so many projects that collectively are greater than any of them are individually.

 

Chairman Scarborough thanked Ms. Smirl and the Jess Parrish Medical Foundation because there was an act of faith; they were going to build not back behind the Hospital but down to the south of it; he asked Ms. Smirl why they did not build on the Lake; stated there was a point of time when he thought he had to leave Titusville because of the difficulties permitting this; and Ms. Smirl was wondering if it was ever going to move forward.  He advised this Project is on the cutting edge of where the County needs to be; it will touch the elderly; and there are all kinds of programs that are going to be able to develop, not only with what Ms. Smirl and the Foundations have done, but now with the synergies between the Hospital and the College with training young people to become nurses to treat the elderly.  He requested applause for Ms. Smirl and her Board.

 

Roz Foster, President of North Brevard Heritage Foundation, stated they are the 501C3 that is working with BCC in collaboration with the historic portion of the Project.  She thanked the Board for supporting historical preservation; some wonderful structures have been saved to bring to the community; and the venues that will be brought to the College in collaboration with everything else that is going to be on there, will be wonderful.  She noted what a wonderful place it will be to go, visit, and to learn about the history of Brevard County hands-on to actually walk through these buildings, especially for the children. 

 

Chairman Scarborough stated on one side a person will see the little yellow buildings, that is the medical village, on the other side will be the historical village; so as a person walks around this lake he or she will look across and see this motif of a historical village because the College has got that same type of historical buildings; and within that context a person will move from actual historically restored structures to the site where the elderly can learn how to live longer and have better lives.  He requested everyone give Roz and the Heritage Foundation applause.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the Parks and Recreation Department to proceed with a Lake Expansion at the Chain of Lakes.  Motion carried and ordered unanimously.

 

 

Trudie Infantini stated she is requesting that the Board not approve the Consent Agenda item, which would preclude bidding from certain vending contracts the County has; the County deals with original equipment manufacturers; but that is not all the vendors that are included on the list; the list of vendors provided is not all inclusive; many of the vendors names are not listed; and instead the names listed is various.  She stated the list eliminates competition in the market, it plays favoritism with current vendors, and does not permit new vendors to deal with Brevard County.  She advised some of the vendors out there are potentially in jeopardy of failure; by limiting the list to this group, the County is limiting and preventing other vendors from entering the marketplace in Brevard County; a $100,000 contract could make it or break it for another company entering the market; this policy the Board is seeking to waive was approved by the Board in April 2008; and she is not sure why the Board is asking to waive a policy that it just implemented in April.  She noted the Agenda item does not place a cap on how much money staff can approve; it is approving open purchase orders in excess of $100,000; however, it does not place a cap.  She inquired how staff is supposed to know how much he or she is permitted to spend.  She stated she does not feel now is the time for the Board to remove the scrutiny and accountability from the elected officials and place that on staff; and at this time the responsibility and scrutiny with the Board.

 

Central Services Director Steve Stultz stated this is an Agenda item that the Board sees generally in August of every year bringing back to the Board a list of those particular firms for commodity needs or service needs that are predominately sole source or restricted availability by restricted distributorships or whatever; about three-quarters of the items and sources listed are sole source; the reason it comes back annually, is when the Board approves the list it is only considered approved for a one-year period; and that gives Purchasing the ability to go back at least annually and review that the market has not changed or that the items are still used by the Departments.  He stated the other 25 percent are predominately State contracts or other agency contracts that staff has found to be cost effective to utilize; a couple of them do list various suppliers; and those are particularly State contracts.  He stated the carpet and flooring contract has multiple vendors awarded on that contract; but it would be restricted only to those vendors that service the Central Florida area, and are awarded under that contract.  He stated the option the Board has is to entertain these on a one-to-one basis when they come up during the year; there is a benefit to bringing them annually; and these are easier to maintain and manage if the Board approves them on an annual basis as opposed seeing them individually as needed.  He stated as far as the estimated annual amounts, that is merely an estimate that staff can provide based on the past years experience with those particular vendors; with the agreements that are particularly sole source, staff maintains the documents from the manufacturers indicating that they do not distribute through any other sources or they have a protracted distributorship, in other words they allow one distributor within the Brevard County area; and it gives the County an opportunity annually to verify that it is a true sole source.

 

Chairman Scarborough stated under Golf Retail Supplies it says, “Various;” and it says, “Retail supplier’s resale average mark-up 30 percent.”  He inquired what type of contract does the County piggy-back on with the golf retail and the $230,000 issue there; with Mr. Stultz responding those purchases are predominately used in the pro shops at the golf courses; stated those are resale items; and Commissioner Nelson may know about this.

 

Commissioner Nelson stated those are resale items like golf balls, tees, and all of the things that are resold to the public; and it is not like the County is buying them and giving them away, it is being bought, sold, and marked up to make a profit. 

 

Ms. Infantini stated she questions why the Board wants to limit contracts over $100,000 to the limited vendors and not keep putting them out to bid; and it is at a time now when so many people could use this extra work and contracts.  She stated she does not understand why the Board would want to limit the number of vendors that can enter the market and do open bidding for the County for its goods and services.

 

Commissioner Nelson stated a lot of these have been bid by other agencies; it is not uncommon to piggyback other agencies; they have gone through the full mandated process; and when it says State contract, those did go out for bid and there was a competitive process.  He stated it just means the County has not used its staff to do that.  He advised the County has wastewater pumps and it cannot go out and buy someone else’s wastewater pump as the parts do not match; and in some cases there is no choice.

 

Ms. Infantini stated the sand monitoring contract was awarded, the County piggybacked on with Patrick Air Force base, the contract was awarded to a company, and the company then hired people from out of town to sit on the beach in rented trucks for $155 per day for housing and lodging, and there are locals who could sit in their trucks and not pay them housing and lodging.  She stated it went without bid; it was questioned; and staff said it went through on an emergency basis.

 

Commissioner Nelson stated most items are put out to bid; and he does not want the public to think the Board does not do that.

 

Mr. Stultz stated General Motors Automotive parts are only available through General Motors dealership; it is bid out to achieve the best discount; another area would be on pesticides that Mosquito Control uses that are only available through a certain source; and staff does bid out for items when it can.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the use of vendors of record; approve the issuance of blanket purchase orders and authorize the Chairman to execute contracts to those vendors, exceeding $100,000; and approve competitive action in the event of unforeseen changes to the approved vendors and/or the cooperative purchasing programs.  Motion carried and ordered.  Commissioner Colon voted nay.

 

 

Theresa Clifton with Central Brevard Humane Society thanked the Board in supporting efforts in building the low-cost spay/neuter facility on Cox Road in Cocoa; they truly
believe this is the way to reduce the pet over population in Brevard County; and it will lessen the County budget.  She stated when anything is built, there are unexpected costs that may not be anticipated; these costs have to do with a retention pond that was mandatory; and inquired if the Board will consider waiving the fee for the soil that they dug up to be taken to the Landfill.  She advised they will pay for the cost of taking it out there, but she is looking at $3,000 now.

 

Commissioner Nelson stated he understands when they dug the hole there was buried materials in the soil.  Ms. Clifton stated the property was given to the Humane Society in 1964 and it used to be the County Landfill; there is broken glass and canned goods in the soil; but the soil has been tested and there are no contaminants in it.  Commissioner Nelson advised the contractor was initially going to do that for nothing because the contractor was selling the soil because it was assumed to be good soil.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve waiving the fee for soil removed for building a retention pond at the Central Brevard Humane Society, when it is taken to the landfill.  Motion carried and ordered unanimously.

 

 

James Teele stated during the Tropical Storm Fay event the County just experienced, Kingsmill had an enormous amount of stormwater runoff from other neighbors; this impact and result of inability of the County ditches downstream between Kingsmill to the Indian River through the Eau Gallie River System, provided Kingsmill with over 23 inches of water on the City streets; and his street, Empire Avenue, made the front page of the newspaper of people canoeing down the street.  He advised the two retention ponds are the major source of the Eau Gallie River, the water outfall travels south under Palomino, under Aurora Road, under several private driveways, and finally Wickham Road to the Eau Gallie River; the five culverts that this water travels through has been studied by the County’s Stormwater Department and needs to be brought to the County Commissioners for implementation of a project that would alleviate a lot of the problems in the drainage time that the water takes to drain to the Eau Gallie River; this watershed is approximately Parkway south to Wickham to the east and Turtle Mound to the west down to Aurora; without this project, Kingmill and the surrounding area will continue to be impacted during the same storm events that have been experienced during Tropical Storm Fay; and Kingsmill experienced over 200 homes with some water damage and water intrusion.  He advised nearly 25 percent of those homes had major damage; if a person drives through Kingsmill today, he or she will see that some of those houses still have the kitchens, cabinets, and items on the floor such as carpet or tile, that had to be removed in order for the contractors to come in and take out the interior partition wall to get the house ready to be rebuilt as the mold and mildew would be lessened.  He stated
the synergy between the County Road and Bridge Department, Kingsmill, and the City was enormous.  He stated during this particular storm event, looking downstream where
it goes under Mr. Dewey’s driveway where there is a five-foot diameter pipe, the water
was over two feet deep over his driveway; the water was approximately 100 or so feet wide; and that is because that particular culvert could not handle the water and it caused it to go over his driveway as it does during most major storm events.  He advised upstream where it runs underneath Aurora, Palomino, and Lake Washington Road, with that County ditch process it takes a lot of time for that water to go down through that way because of the size of the culverts under those roads; the County has looked at a study to alleviate that problem; and the sooner that is implemented the quicker the problem in Kingsmill would be lessened.

Chairman Scarborough inquired if a staff report has been prepared regarding this issue; with County Manager Peggy Busacca responding staff can certainly give the Board a report.  Chairman Scarborough stated staff will get Mr. Teele a copy of that report as well.

 

Mr. Teele stated he came before the Board before because the County ditch system that runs along Lake Washington just south of Kingsmill, there are two homeowners there that have lost almost 16 feet of their property to that County-maintained ditch because the actual property line is in the center of the ditch; in October 2006 he came before the Board to see if that ditch could be piped and filled; he worked with Road and Bridge to accompany that but then Stormwater got into it and said the ditch needs to be kept open; and that problem has not been resolved.  He advised he would like to tie that in with the whole process of getting the water taken care of.  Chairman Scarborough advised as it moves forward perhaps that will happen; and staff will keep Mr. Teele in the loop.

 

 

Chairman Scarborough called for a public hearing to consider items tabled by the Board of County Commissioners on April 3, 2008 and August 7, 2008.

 

VI.A.1.  (Z0801103)     G & D Developers, L.C.’s request for a Small Scale Plan Amendment (08S.03) to change the Future Land Use designation from Res. 1 & Res. 2 to Res. 4, and a change from AU to EU on 7.434 acres located east of U.S. 1, south of Cidco Road, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

Chairman Scarborough inquired if the request was amended where there would be no request for change in the land use and it is just a zoning request now; with Attorney Richard Stadler responding that is correct.  Mr. Stadler distributed copies of a Binding Development Plan to the Board and to the homeowners.

 

Attorney Richard Stadler stated he represents G & D Developers who originally requested a land use change and zoning request to the property that is shown in yellow
on the map; it is an interior portion that is currently zoned AU and has a Res. 1 designation for the land use code; and it was originally used as a grove, which is why the zoning is AU.  He stated the applicant is withdrawing the request for a change in the land use designation; at this point in time the applicant is requesting an EU zoning change to change it from AU to EU; that would be consistent with the surrounding residential uses and the zoning; those are all marked on the map in blue and green; everything around it designated either EU or RU-1-11; and all the land use designations are all higher than Res. 1.  He stated the applicant is willing to, after meeting with the homeowner’s, compromise and stick with Res. 1.  He advised there is also a Binding Development Plan, the terms of which would provide for a maximum of seven units in the area to be rezoned.

 

John Willis stated he wants to thank the Board for working on this so diligently, especially Chairman Scarborough, also Laura on the Planning and Zoning Board; he also wants to thank all of the people who have worked for almost five years on this small area development plan; and on behalf of all of the homeowners, he wants to thank Mr. Owens office and Mr. Papp for finally seeing the way that the land was designed to use.  He stated they have a nice neighborhood and would like to keep it that way.

 

R. Victor Brungart stated it looks like Zoning Official Rick Enos has worked well with the homeowners to help get this squared away; and in other states he has worked with zoning-type things.  He stated it looks like this should be approved as everyone is working together. 

 

Chairman Scarborough stated a lot of people did not come to the meeting this evening; there was a tremendous amount of interest in this as there was going to be a change in the land use; the land use occurred from a small area plan that the community worked on for multiple years; and the residents wondered why he or she should have a small area plan if it can be changed so rapidly. 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson to approve Item VI.A.1 with a Binding Development Agreement allowing a maximum of seven units; and applicant withdrawing request for Future Land Use designation change.  Motion carried and ordered unanimously.  (See page
                              for Binding Development Plan.)

 

 

Chairman Scarborough called for a public hearing to consider the Planning and Zoning recommendations of August 11, 2008, as follows:

 

VI.B.2.  (Z0808202)     Overlook Towers’ request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 classification on 15.67 acres located on the south side of Merritt Avenue, east of North Courtenay, which was recommended for approval by the Planning and Zoning Board.

 

Commissioner Nelson stated he has not heard any objections to the item; and it was approved by MIRA and Planning and Zoning.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.B.2 as recommended.  Motion ordered and carried.  Commissioner Colon voted nay.

VI.B.3.  (Z0808203)     Gulf-Atlantic Properties, Inc.’s request for a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-2 classification on 0.52 acre located on the east side of Banana River Drive, north of Merritt Island Causeway, which was recommended for approval by the Planning and Zoning Board.

 

Attorney Patrick Healy, representing the applicants, stated they are seeking a CUP to allow on-site beverage consumption in a BU-2 zone; the applicants are desirous of relocating a business that has existed across the street for approximately 40 years; the move has necessitated that they have lost their lease; and they want to move across the street.  He advised the business is known as Spanky’s Bar; it has been owned and operated by these applicants for a number of years without any problems for their neighbors in the community; the property to the north is a professional office building, to the south is a parking lot, which will be used by this facility, to the north of that is a convenience store, and behind the building is an auto dealer storage lot; and this bar will accommodate slightly fewer patrons than the original bar across the street.  He noted it should have no adverse impact on traffic or utility levels of service; the size is adequate, there is sufficient parking, and it is well landscaped; and the applicants are aware of the County’s noise ordinance and have operated within its boundaries before and can do so at this site.  He stated all activities will occur inside the building; there will be no music or seating outside; they would maintain a 24-hour video surveillance outside the building as well as adequate lighting; there are no residents within the general vicinity that will be impacted; and there is adequate ingress and egress. 

 

Commissioner Nelson stated there is a letter of concern from the adjacent property owner; Mr. Healy was trying to meet with them and there was a problem that they could not get together; and inquired if he would meet with him as it sounds like some of the things that were mentioned would be acceptable to him.  Mr. Healy stated the applicants will be happy to meet with them, and they tried to meet with him. 

 

Motion by Commissioner Nelson, seconded by Commissioner Colon, to table Item VI.B.3 to the October 2, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.4.  (Z0808301)     Rushing Wind, LLC’s request for a Small Scale Plan Amendment (08S.11) to change the Future Land Use designation from Res. 1 to Res. 6 and a
change from AU & RR-1 to IN(L) on 9.026 acres ± located on the south side of Micco Road, west of Bird Drive, which was recommended for approval by the Local Planning Agency and Planning and Zoning Board. 

 

Commissioner Voltz stated this is going to be a great project; but unfortunately Florida Power and Light Company put huge transmission lines right through the front of their property and took away the use.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.4 as recommended by the Local Planning Agency and Planning and Zoning Board; and adopt Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Eleventh Small Scale Plan Amendment of 2008, 08S.11, to The Future Land Use Map of The Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-502, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

VI.B.5.  (Z0808501)     Robert L. and Kathy K. Hubbard’s request for a Small Scale Plan Amendment (08S.12) to change the Future Land Use designation from NC to CC and a change from BU-1-A to BU-1 or 0.41 acre ± located on the west side of Minton Road, north of Milwaukee Avenue, which was recommended for approval by the Local Planning Agency and Planning and Zoning Board.

 

Motion by Commissioner Colon, seconded by Commissioner Nelson, to approve Item VI.B.5 as recommended by the Local Planning Agency and Planning and Zoning Board; and adopt Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Twelfth Small Scale Plan Amendment of 2008, 08S.12, to The Future Land Use Map of The Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

VI.B.6.  (Z0808502)     Edwina and Charles F. Griffin, and Brevard Truss, Inc.’s request for a CUP for Cement, Concrete, and concrete building products in an IU-1 (Heavy Industrial) classification on 6.87 acres located on the south side of Eau Gallie Boulevard, west of Jones Road, which was recommended for approval by the Planning and Zoning Board.

 

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

 

Chairman Scarborough called for the first public hearing to consider an ordinance allowing for the imposition of a $10 surcharge on fines levied as a result of tickets issued for parking violations in the unincorporated areas of Brevard County for the purpose of funding the School Crossing Guard Program.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to move consideration of the ordinance to the second public hearing on September 30, 2008.  Motion carried and ordered.  Commissioner Nelson voted nay.

 

 

Chairman Scarborough called for the first public hearing to consider an ordinance amending GML Zoning Classification to create GML(U) Classification to include Private, PSC-Regulated Utilities.

 

Attorney Philip Nohrr stated the Board has a staff report in front of it; the ordinance change will allow the FPL project go forward, which will come before the Board on October 2, 2008; and this just tees it up so if the Board is inclined to grant the rezoning and Conditional Use, which he hopes it will when the formal presentation is made, that it will be able to do so because the zoning and land use will be in such a way the Board can approve it if it is so inclined.  He stated it is a complicated procedure; but it is an example of when people want things to come together and happen it can happen.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to move consideration of the ordinance to the second public hearing on October 2, 2008.  Motion carried and ordered unanimously.

 

Bill Altonaga stated he is a residential and boat lot property owner in Crystal Lakes Subdivision in Melbourne Beach and he is here to address two Code Enforcement
violation notices that were received regarding the boat lot properties in Crystal Lakes; and he prepared a handout, which he will distribute to the Board, and hopefully the Board will be able to follow along to see exactly what is being discussed.  He stated the picture of the aerial basically shows the area in question, specifically the boat lots in question are those unattached to the principal residential properties as seen here.  He stated he understands this is not a new issue for the Board; however, he hopes the short presentation will shed light on the issues and the impact that it has on the residents of Crystal Lakes.  He advised there were several inconsistencies discovered regarding these lots; existing properties were incorrectly parceled below the RU-1-13 dimensional requirements, including the 75 feet and 7,500 square feet, etc.; he has also discovered that residents are paying taxes on wrong properties for these boat lots; and variation in the property values and taxes that are being paid.  He noted currently there is a non-contiguous residential property and boat lot property which are deeded as one entity, but also unable to build or use the boat lot.  He stated Code Enforcement is mandating the removal of and existing dock and boat house after existing for over 20 years; regarding variances, they have discovered there have been five variances granted that allow accessory structure, including boat docks and covered boat houses, to non-contiguous RU-1-13 properties; and the variances were granted that unjustly favor the property values and privilege for the selected residents, leading to undue hardship for others. 

 

Commissioner Nelson inquired who granted the variances; with Mr. Altonaga responding the Board of Adjustment.

 

Mr. Altonaga stated the first subject lot is his lot; as consumers they did their due diligence to access the viability of the property before purchasing it; they went on the County Appraiser’s website and looked at the assessed value, which was $33,500 based on the tax bill; they looked at previous sales information for the same lot, it sold for $37,000 to the previous owner in August 2003; and they looked at the use code that is still 0132, Residential-related amenity.  He advised under the information extra feature description it has on there dock and dock roof; and they purchased this in April 2008.  He noted he paid $35,000 for the lot; in addition, they have put $15,000 towards an existing temporary dock and boat lift; and last week they received a Code Enforcement violation stating they had to remove this.  He explained after the notice was received, they further investigated to understand the issues and came across more facts; in visiting the Property Appraiser’s Office, in 2007 the Board decided to deny dock permits and instated a reduction of the property values to be reduced down to $5,000 due to the unusable property; to date the dock lot property values remain assessed by the County, according to the website, at much higher than $5,000; four residents have reduced their property values to $5,000, one of which has been granted a variance and has a boat dock; and only three out of the 14 non-variance lots have been reduced.  He stated properties are being bought based on County assessed values as seen on the website, instead of the $5,000, therefore, misleading the buyers.  He assured the Board that had they seen a $5,000 value or a Code use that would have indicated that this was
unusable property they may have not bought the property.  He advised he provided the Board copies of the actual printouts from the property research, and on the first one it
says residential amenity Code 0132 confirms the sales amounts, theirs and the previous owner; on the next page under extra features information it still shows dock and dock roof; and based on this information they made the decisions to move forward, along with looking at their neighbor who has a boat and boat dock.  He stated the next lot was purchased in 2002; it was a combined residence and boat lot property together; and this particular arrangement has been around for 18 years on this property.  He advised the existing residents have never been for any infraction, but they also received a Code Enforcement violation last week asking them to tear down the structure.  He stated the next page shows the houseboat, and that is the structure that is being asked to be destroyed.  He stated the term undue hardship essentially means that without the requested variance the applicant will have no reasonable use of the subject property under the existing development regulation; also that the economic reasons may be considered only in instances where a land owner cannot yield the reasonable use and or return under the existing land development; that literal enforcement of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification, not withstanding his neighbor; the variance granted is the minimum variance that makes possible the reasonable use of the land, building, or structure; and that the granting of the variance will be in harmony with the general intent and purpose of this Chapter and such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare.  He advised he is not asking to build a commercial marina, he is asking to build a boat lot like the neighbors; and they do consider this undue hardship.  He stated he would ask that they be granted variances to the subject boat lot owners in question, including the dimensional requirements to permit an accessory structure, boathouse, and a dock; and also to allow for continued maintenance and repairs of such structures.  He stated this is a marine environmental and it will continue to need repair for safety reasons.  He stated the next aerial photograph illustrates the proof that the variances have been granted to the five lot owner’s right next to their lots; and these fortunate owners have the privilege to use the waterways and maintain their property values while they cannot.  He advised the next proposal would be that the Board amend the County Ordinance to allow voluntary joining of the residential properties either within Crystal Lakes or a designated boundary to the boat lot property, allowing for the same privileges of those who have contiguous residential properties in both docks; this would be on a voluntary basis, allowing for non-participation; and it eliminates the need for the variances for the boat docks as it would satisfy the dimensional requirements.  He stated the next slide shows the existing Crystal lakes adjoined lot; this person has the lot for sale, the residential property, that is adjoined both on the deed as well as the tax bill; and there is a sign that says it is a home site and a canal front for sale.  He stated the buyer has to know that he or she will be buying a canal front that cannot be used for anything.  He stated the County has spent enormous amounts of resources and time, including Code Enforcement driving from Viera to Melbourne Beach to see these areas over and over again; increased revenue, the appropriate value assigned to each of these boat lots would be commensurate to the value of having the boat and not just a piece of property on the
water that serves no purpose; permitting an variance fees that would benefit the County; and also utilities such as water and electric.  He stated Crystal Lakes residents maintain
their property values; they share the privileges of the waterway; and the equivalent or comparable residential or boat lot property value.  He stated he cannot keep up with his neighbor is he puts his lot up for sale where he can show that he has a boat lot and a boat hanging there and that he cannot.  He advised the current combined assessed value of the 14 lots is approximately $500,000; he estimated the tax to be approximately $7,500 a month on that amount; if the 14 properties were reassessed at $5,000; and that would be a $6,450 loss to the County monthly for these properties alone.  He stated the decreased revenue from future permitting, utilities, variance fees, etc. and the potential for resurfacing of these existing issues.  He stated there is a need for action that will assure consistency and equality; inconsistent property assessment, variance granted to a select few, wasted County time and resources, loss of County revenue, misleading website information, and undue hardship for the residents of Crystal Lakes.  He stated they request the Board grant an abatement on the active Code Enforcement right now so that until this can be resolved for both of the subject lots; and requests that the Board approve allow for the variances for the boat dock, boat house, and roof on the subject properties; and/or request Board approval for the aforementioned proposal B.  He stated imagine two neighboring farms, one which has a variance granting farming privileges and which does not; and inquired which one would be more valuation and more desirable to a person.  He advised he is not asking for more than his neighbors, he is just asking for equality.

 

Commissioner Voltz stated this is something the Board has been dealing with for the last four years; the Board has to come up with an answer; and suggested the residents from Crystal Lakes Subdivision to meet with County staff and also meet with the other Commissioners.  She stated it is good information Mr. Altonaga provided to the Board; and requested that Mr. Altonaga call her office to set up a meeting with staff.

 

Commissioner Nelson stated his concern is that if a person can break the law and build something of value, the Board will have to say it now has to approve it; he is willing to listen to the issue; but he can think of all sorts of other examples where people have done the wrong thing and the County makes them go back to do the right thing because they violated Code laws.  He stated the Board cannot build a whole system based on if a person gets away with something long enough that he or she is home free.  He stated he did not realize there had been variances issues previously.

 

Commissioner Voltz stated the County is not proactive in Code Enforcement it is reactive as staff only goes out when someone calls; there is a disparity that one person gets a notice of violation and the other does not; there are a lot of people enjoying their property and no one has called on them yet; but there is someone who has called on these people.  She noted when someone comes before the Board for a variance, normally it is because he or she purchased a home and did not realize that there has been an edge of the house into the easement or whatever.  She stated it comes before the Variance Board; she looks at all of those things; and it is just not all that common. 

Commissioner Voltz stated there has to be a way to work this out; and she wants to see it resolved one way or the other finally.

 

Ricardo Gotay stated he is the neighbor who owns the boat dock with the house itself; he stated he has not broken the law; the property was purchased legally and paid taxes; and then someone drives by and says he or she is not supposed to have that.  He advised he did not construct the dock the dock has been there; he purchased his home six years ago; the people he bought it from purchased the lot with the dock already there ten years prior; so someone did break the rule but it is not the homeowner who thought his property value was increasing.  He advised if he wanted to build something he would get a permit; and he would not try to build something and later get caught.

 

Commissioner Nelson stated people do exactly just what Mr. Gotay said; and that is what the Board has to deal with.  He stated he would like to know exactly how many people are in that situation.

 

Chairman Scarborough stated the Board needs to move rapidly with the issue; this present Board has been immersed in it; and he would hate to leave it for a new Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve abatement of Code Enforcement violations on properties with docks in Crystal Lakes in Melbourne Beach, until a solution can be found to resolve the issues.  Motion carried and ordered unanimously.

 

 

Planning and Zoning Director Robin Sobrino stated she did not want the Board to leave with the impression that the variance option is something that is available to the applicants and that it had not been offered by staff; to the contrary, staff was advised by the County Attorney’s office in the late 1990’s that the Board of Adjustment did not have the authority to hear and grant such variances because they are considered to be use variances; the Board of Adjustment only has authority to approve non-use variances; and based upon that legal advice, staff is no longer able to allow people to present such requests before the Board of Adjustment.

 

Chairman Scarborough inquired if the Board can say it is okay to look at use variance or is it State law; with Assistant County Attorney Christine Lepore responding it is in the County Code and it can be amended to address that issue.  Ms. Lepore stated she has some thoughts about this particular situation and she will work on it and come back to the Board with it.

 

Commissioner Voltz stated there were people who decided he or she were not able to show up for the impact fee issue; it was pointed out to her that in Hillsborough County,
what they do there are large impact fees and they allow people to pay over a three-year period rather than have them pay upfront before anything happens; so it gives a person
an opportunity to rent their properties out to be able to bring money in.  She advised that
would at least help some people without putting a moratorium on impact fees; and it would allow the payment to be spread out.

 

Chairman Scarborough stated there were a lot of people who said the housing market is overbuilt; he or she is having trouble selling their home; and all that is happening is more houses are being built and they cannot sell their home.  Commissioner Voltz advised this moratorium would have just been on commercial property.  Chairman Scarborough stated the Board needs to look to where it can bring jobs into the community; there will be fewer revenues; but that may have more traction to look at things that will actually produce revenue.  He stated there may be a possibility for some discussion.  He stated the Board heard from some of the cities that do not want the County to do this without their input; it is running out of time for this particular Board; but Mark Ryan contacted his office and requested that the Board let the cities know what is being done.  Commissioner Voltz stated that is why she kind of put it off because there was not enough time to get all of that stuff together.  She advised it was only for commercial not residential; she would like to see how this other would work out; and a person would be paying the same impact fees, but it would give them an opportunity to spread it out for a couple of years; and inquired how financial it can be done and how it can be attached to the property.  Chairman Scarborough advised that the City of Rockledge has taken the position that it is opposed to the County doing anything.  Commissioner Voltz stated she will get with the cities.  She stated all she is asking is that the Board look at the potential of how it would work out to allow impact fees to be paid over a three year period on commercial property.  Chairman Scarborough stated there are still a lot of moving parts in this. 

 

Commissioner Nelson stated that Commissioner Voltz can just, independent of the Board, talk with the cities to see if there is an interest in it. 

 

 

 

Upon motion and vote, the meeting adjourned at 5:50 p.m.

 

 

 

ATTEST:                                                        

                                                                         _________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

     (S E A L)