November 9, 1999
Nov 09 1999
The Board of County Commissioners of Brevard County, Florida, met in regular session on November 9, 1999, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and Assistant County Attorney Eden Bentley. Absent was: County Attorney Scott Knox.
The Invocation was given by Lieutenant Colonel Greg Dufour, USAF, Patrick Air Force Base.
Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the August 17, 1999 Regular Meeting Minutes. Motion carried and ordered unanimously.
DISCUSSION, RE: DEMOLITION ISSUES
Commissioner O'Brien stated there is a crack house on Merritt Island which he is trying to have torn down; he went to the Fair on Sunday and saw the dragon; it is a converted personnel carrier for the military; and the PAL is going to be involved.
Chairman Scarborough stated he was advised that the demolition issues are something the County Manager can handle administratively. County Manager Tom Jenkins stated the Board gave the Building Official authority to do it.
DISCUSSION, RE: JOINT PLANNING AND ANNEXATION AGREEMENT WITH CITY OF MELBOURNE
Commissioner Carlson stated the City of Melbourne has requested the Board table the item to November 30, 1999 as it needs additional time.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table consideration of Joint Planning and Annexation Agreement with City of Melbourne to November 30, 1999 as the City requested additional time. Motion carried and ordered unanimously.
INVITATION, RE: KIWANIS CLUB OF PALM BAY
Chairman Scarborough stated the Kiwanis Club of Palm Bay requested the Board lend the County's name as one of the supporting organizations to the invitation of the Club; it is something worthwhile; and the Board members need to attend the event on January 18, 2000 at 6:00 p.m., if possible.
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve lending Brevard County's name as one of the supporting organizations to the invitation of the Kiwanis Club of Palm Bay on January 18, 2000. Motion carried and ordered unanimously.
RESOLUTION, RE: HONORING ARMY SERGEANT JASON PRINGLE
Commissioner Voltz read aloud a resolution honoring Army Sergeant Jason Pringle for his contributions and dedication to serving his country; and presented the resolution to Mr. and Mrs. James Thomas.
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution honoring Army Sergeant Jason Pringle for his contributions and dedication to serving his country, and expressing deep appreciation for his outstanding performance. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK
Commissioner Scarborough read aloud a resolution declaring the week of November 19 through 25, 1999 as Farm City Week in Brevard County; and presented the resolution to Lowell Loadholtz, Bud Crisafulli and Brooks Humphrys.
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution declaring the week of November 19 through 25, 1999 as Farm City Week in Brevard County, and calling upon all citizens of the community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during the week. Motion carried and ordered unanimously.
Lowell Loadholtz expressed appreciation to the Board for the Resolution and the positive support it continues to provide to all the farm families in the community.
RESOLUTION, RE: PROCLAIMING SERVICE ANIMAL AWARENESS WEEK
Commissioner Higgs read aloud a resolution proclaiming the week of November 14 through 20, 1999 as Service Animal Awareness Week; and presented the resolution to Mr. and Mrs. Van Langen, owners of the dog Dodger.
RESOLUTION, RE: PROCLAIMING SERVICE ANIMAL AWARENESS WEEK
Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution declaring the week of November 14 through 20, 1999 as Service Animal Awareness Week and urging all citizens to understand and be aware of service animals. Motion carried and ordered unanimously.
Brenda Van Langen expressed appreciation to the Board for the Resolution on behalf of all the citizens in Brevard County that utilize service animals; and stated Dodger will be on a PBS special this year.
RESOLUTION, RE: RECOGNIZING GRAND REOPENING OF MERRITT SQUARE MALL
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing the grand reopening of Merritt Square Mall and extending its appreciation for the contributions and services this organization provides to the citizens. Motion carried and ordered unanimously.
RESOLUTION, RE: SUPPORTING ALL VETERANS AND FAMILIES ON VETERANS' DAY
Commissioner Carlson read aloud a resolution supporting Brevard County veterans and their families on Veterans' Day; and presented it to Bill Conner.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution recognizing and commending Brevard County veterans and their families, and urging the citizens of Brevard County to support all special Veterans' Day events hosted by Brevard County veterans' organizations as appropriate tributes to the men and women traditionally honored on Veterans' Day. Motion carried and ordered unanimously.
Bill Conner expressed appreciation to the Board for the Resolution on behalf of all the veterans and their families.
FINAL ENGINEERING APPROVAL, RE: SABAL CHASE SUBDIVISION
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final engineering approval for Sabal Chase Subdivision, subject to minor engineering changes as applicable, with Board approval for the project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENT WITH TAX COLLECTOR, AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE RENEWALS, RE: ENFORCEMENT OF OCCUPATIONAL LICENSING VIOLATIONS
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Interlocal Agreement for a one-year term ending on September 30, 2000 with Tax Collector to locate and identify lawn care businesses, home repair, tree services and vendors who do not hold a valid occupational license; and authorize the County Manager or his designee to execute renewals of the Interlocal Agreement. Motion carried and ordered unanimously.
RESOLUTION, RE: INITIAL ASSESSMENT FOR TURNER ROAD WATER MSBU
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution ordering the acquisition and construction of assessable improvements in the Turner Road Water Municipal Service Benefit Unit. Motion carried and ordered unanimously.
RESOLUTION, RE: INITIAL ASSESSMENT FOR WROBEL PLACE WATERLINE MSBU
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution ordering the acquisition and construction of assessable improvements in the Wrobel Place Waterline Municipal Service Benefit Unit. Motion carried and ordered unanimously.
RESOLUTION, RE: INITIAL ASSESSMENT FOR JUDY KAY ROAD PAVING MSBU
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution ordering the acquisition and construction of assessable improvements in the Judy Kay Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ESTABLISHING EVERGREEN WATERLINE MSBU (PINETOP BOULEVARD/OSPREY COURT)
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing on November 30, 1999, to consider creation of the Evergreen Waterline Municipal Service Benefit Unit in District 1. Motion carried and ordered unanimously.
APPROVAL TO WAIVE BIDS AND ACCEPT LOW RESPONSIBLE QUOTE, RE: LABOR AND EQUIPMENT FOR ROAD AND BRIDGE CONSTRUCTION TEAM
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve an additional road crew consisting of two full-time Vehicle Operator IV and one full-time Service Worker III positions for the Countywide Road and Bridge Construction Team; waive bid requirements and authorize Purchasing to quote and accept formal emergency low quote for monthly leasing of a 12H Cat Grader and Cat 950 Loader or equivalent; and approve Budget Change Request to fund the additional crew, at total estimated annual cost of $217,200. Motion carried and ordered unanimously.
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, AND APPROVAL OF PAYMENT, RE: PORT ST. JOHN EAST CONNECTOR ROAD LANDSCAPING IRRIGATION
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Underground Distribution Facilities Installation Agreement in the amount of $14,550 with Florida Power & Light Company for electrical power to service the irrigation pump for landscaping on the Port St. John East Connector Road. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: CARPENTER ROAD AND GARDEN STREET INTERSECTION IMPROVEMENTS AND OLD DIXIE HIGHWAY/DRAA ROAD SIDEWALK
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Interlocal Agreement with City of Titusville for participation and contribution of $85,000 for the Carpenter Road and Garden Street intersection improvement project and $6,600 for the Old Dixie Highway/Draa Road sidewalk project. Motion carried and ordered unanimously.
CHANGE ORDER NO. 3 WITH BUTLER CONSTRUCTION, RE: OFF-ROAD VEHICLE PARK BUILDINGS
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 3 to Agreement with Butler Construction, increasing contract amount by $3,472 for construction of the buildings at the Off-Road Vehicle Park. Motion carried and ordered unanimously.
AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA'S SPACE COAST, RE: ECONOMIC DEVELOPMENT SERVICES
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Economic Development Commission of Florida's Space Coast for FY 1990-2000 economic development services. Motion carried and ordered unanimously.
AGREEMENT WITH MUNICIPALITIES, RE: COUNTYWIDE EMERGENCY SERVICES MUTUAL ASSISTANCE
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, Satellite Beach, and Titusville, Towns of Melbourne Beach, Malabar, Indialantic, Coastal Health Systems, and Canaveral Port Authority, for emergency services mutual assistance. Motion carried and ordered unanimously.
ADOPTION, RE: 1999 UPDATE TO TRANSIT DEVELOPMENT FOR SPACE COAST AREA TRANSIT
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt the 1999 Update to the Transit Development Plan for Space Coast Area Transit (SCAT). Motion carried and ordered unanimously.
REQUEST TO SUBMIT GRANT PROPOSAL TO FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ADVISORY COUNCIL ON ENVIRONMENTAL EDUCATION, RE: PUBLIC EDUCATION ON RESPONSIBLE RECREATIONAL USE OF INDIAN RIVER LAGOON AND OTHER WATERWAYS PROJECTS
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize Natural Resources Management Office to submit a grant proposal to the Florida Fish and Wildlife Conservation Commission Advisory Council on Environmental Education to fund two projects for educating the public on responsible recreational use of the Indian River Lagoon and other waterways within Brevard County. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73, REVISING DEPARTMENTAL STRUCTURE
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Article II, Section 2-73, revising the departmental structure. Motion carried and ordered unanimously.
APPROVAL OF GRANT APPLICATION TO FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS, RE: EMERGENCY MANAGEMENT WARNING, PREPAREDNESS AND RECOVERY COMMUNICATIONS PROJECT
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize submittal of a grant application to Florida Department of Community Affairs to support live cable television access to Brevard's citizens from the EOC over the Space Coast Government Television Channel during emergencies, and appoint the County Manager or his designee to act as Grant Manager and to sign contracts and other documents pertinent to the grant with Department of Community Affairs. Motion carried and ordered unanimously.
PERMISSION TO ISSUE AND AWARD, RE: ANNUAL SUPPLY BIDS, QUOTES AND PROPOSALS FOR FY 2000
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize Purchasing Services to solicit competitive bids and quotes, and to award same to the lowest most responsible and qualified suppliers; and to solicit competitive proposals and award same to the best ranked proposers for annual supplies. Motion carried and ordered unanimously.
PERMISSION TO SUBMIT EMPA COMPETITIVE GRANT APPLICATION, RE: BREVARD COUNTY EVACUATION INFORMATION SYSTEM
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize submittal of an EMPA Competitive Grant Application to Florida Division of Emergency Management, Department of Community Affairs, for funding of the Brevard County Evacuation Information System; and authorize the County Manager or his designee to execute all grant agreements, reports and correspondence concerning this application. Motion carried and ordered unanimously.
APPENDIX 5 TO SOFTWARE END-USER LICENSE AGREEMENT WITH SAP PUBLIC SECTOR AND EDUCATION, INC., RE: ADDITIONAL USER LICENSES FOR FINANCIAL AND MANAGEMENT INFORMATION SYSTEM
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Appendix 5 to Software End-user License Agreement with SAP Public Sector and Education, Inc. for additional user licenses for the financial and management information system. Motion carried and ordered unanimously.
APPROVAL OF PAYMENT, RE: BREVARD COUNTY COMMUNITY CULTURAL GRANTS
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve payment of grants as follows: Melbourne Civic Theatre $301; Melbourne Municipal Band Association $4,743; Surfside Players, Inc. $6,587; Space Coast Art Festival, Inc. $395; Melbourne Art Festival, Inc. $4,743; WFIT $6,587; VSA Arts of Florida - Brevard $5,533; Brevard Museum of Art and Science $7,905; Brevard Museum of History and Science $5,270; Space Coast Pops, Inc. $3,952; Brevard Symphony Orchestra, Inc. $10,539; Cocoa Village Playhouse, Inc. $7,905; Titusville Playhouse, Inc. $6,587; and Brevard Regional Arts Group, Inc. $3,952, for total of $75,000. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint and/or reappoint the following:
Health Facilities Authority
Reappoint Ned Kellar to the Health Facilities Authority, with term of appointment expiring November 9, 2003.
Suntree-Viera Parks Committee
Reappoint Mike Malone and Brian Murtha to the Suntree-Viera Parks Committee, with terms of appointments expiring December 31, 2000.
Appoint Jim Coleman, 1443 Patriot Way, Viera, Florida 32940, R. L. Jones, 2713 Aurora Road, Melbourne, Florida 32935, Herb Richter, 501 Carriage Road, Indian Harbour Beach, Florida 32937, and Mary Anne Beasley, 7380 Murrell Road, #201, Viera, Florida 32940, to the Suntree-Viera Parks Committee, with terms of appointments expiring December 31, 1999.
South Mainland Community Center Citizens Advisory Committee
Appoint Bruce McMann, 9803 Riverview Drive, Micco, Florida 32976 to the South Mainland Community Center Citizens Advisory Committee replacing Bill Lewis, with term of appointment expiring December 31, 1999.
Valkaria Airport Advisory Board
Appoint William Sawyer, 1410 Gleneagles Way, Rockledge, Florida 32955 to the Valkaria Airport Advisory Board replacing Robin Perry, with term of appointment expiring December 31, 2000.
Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION AND WAIVER OF FEES, RE: VACATING PUBLIC UTILITY EASEMENT IN HIGHLAND PARK SUBDIVISION - RE/MAX SERVICE TEAM (PLUMOSA PROPERTIES, INC.)
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easement in Highland Park Subdivision, as petitioned by RE/MAX Service Team (Plumosa Properties, Inc.), and waiver of fees.
Assistant Public Works Director Ed Washburn stated all the objections have been removed; and Florida Power and Light (FP&L) Company is satisfied.
There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easement in Highland Park Subdivision, as petitioned by RE/MAX Service Team (Plumosa Properties, Inc.); and waive the fees. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN HARBOR PINES SUBDIVISION - JAMES M. CRISAFULLI
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easements in Harbor Pines Subdivision, as petitioned by James M. Crisafulli.
There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in Harbor Pines Subdivision, as petitioned by James M. Crisafulli. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN THE CLOISTERS, PHASE 1 - MERCEDES HOMES, INC. (HELLER)
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in The Cloisters, Phase 1, as petitioned by Mercedes Homes, Inc.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN THE CLOISTERS, PHASE 1 - MERCEDES HOMES, INC. (HELLER)
Commissioner Voltz advised the information states an objection has been received from BellSouth; an aerial facility is buried in the easement; there is a request that a locate be done as soon as possible; and the office will be notified immediately. She inquired does that mean if it is moved, then BellSouth does not have an objection.
Assistant Public Works Director Ed Washburn stated BellSouth originally thought its facilities might be within the five feet; however, they are not; so the objection has been removed.
There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easement in The Cloisters, Phase 1, as petitioned by Mercedes Homes, Inc. (Heller). Motion carried and ordered unanimously.
PUBLIC HEARING, RE: AMENDMENTS TO MERIT SYSTEM POLICY II, PAY PLAN
Chairman Scarborough called for the public hearing to consider amendments to Merit System Policy II, Pay Plan.
County Manager Tom Jenkins stated the item is to establish compensation for employees who work during hurricanes and similar type events.
There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve amendments to the Merit System Policy II, Pay Plan, expanding the provision to allow for payment at a higher rate for employees required to work during the period of time paid administrative leave is granted to employees due to a declared emergency condition, and clarifying payment to temporary employees during declared emergency conditions. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: DETERMINATION OF SUBSTANTIAL DEVIATION FOR VIERA DRI NOTICE OF PROPOSED CHANGE #7
Chairman Scarborough called for the public hearing to consider determination of substantial deviation for Viera Development of Regional Impact (DRI) Notice of Proposed Change #7.
Commissioner Carlson advised there is no substantial deviation; she does not have any objections and neither does staff; so she will move the item.
PUBLIC HEARING, RE: DETERMINATION OF SUBSTANTIAL DEVIATION FOR VIERA DRI NOTICE OF PROPOSED CHANGE #7
There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, that Notice of Proposed Change #7 does not constitute a substantial deviation; approve the changes as proposed, including exchanging retail and office land uses between parcels internal to the DRI, incorporating a land use equivalency matrix into the Viera DRI Development Order, and other changes to maintain internal consistency; and adopt the Resolution. Motion carried and ordered unanimously.
RESOLUTION AND DISCUSSION OF NOVEMBER 15, 1999 MEETING, RE: KATHLEEN KEARNEY, SECRETARY, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
County Manager Tom Jenkins stated the Board requested staff put together issues to discuss with Secretary Kathleen Kearney during her visit to Brevard County.
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution supporting Governor Jeb Bush's drug control strategy for Florida and the goals of the Department of Children and Families. Motion carried and ordered unanimously.
Commissioner Higgs stated she is particularly concerned about the future of the child protection system, what may be occurring, and how that may end up being privatized; she does not have a problem with privatization, but is concerned that all of the controls may go outside the County; she is not sure that the Board does not have a role to play in this; and it may find itself needing to step up to be a significant part of it administratively, including the actual delivery of the system.
Commissioner Voltz suggested the Board have a workshop with the Department of Children and Families and the Children Services Council to find out where the County stands, what the Board can do, and how it can get involved. Commissioner Higgs stated the Board may find out some things in its meeting on November 15, 1999 with Judge Kearney about where all the children services are going; there needs to be local involvement; if the State is not going to fully provide for protective services, someone has to; the Board may have to be involved, although the services have been traditionally provided by the State; and child protection is not something the Board can say is a State responsibility. She noted after the November 15, 1999 meeting, the Board needs to look at what it wants to do; it provides care at Country Acres and has Sheriff services; and it is involved in protective services for children and is in the best position to be part of the administrative effort.
RESOLUTION, RE: CREATING BREVARD COUNTY MARINE ADVISORY COUNCIL
Commissioner O'Brien stated the resolution states, "Whereas, the purpose of this Council is to advise the Board on issues relating to marine and boating-related matters, boating improvements projects, enhanced marine safety and education projects, and waterway "environmental" improvements; and suggested the word "environmental" be removed.
Commissioner Higgs suggested the language "for Board approval" be added to the resolution pertaining to scope of work.
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution creating the Brevard County Marine Advisory Council, as amended to delete the word "environmental" and change the time period for submittal of proposed scope of work for Board approval to 180 days.
Commissioner Carlson stated the Board has not defined who it should appoint to the Advisory Council. Commissioner O'Brien stated he hopes the Board would appoint people who are active boaters; the Advisory Council could work closely in being able to secure specific grants; there is a need for additional channel markers and refining the channel; and the issues at this time are geographic mapping, safety, and acquiring funding.
Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.
SELECTION OF OUTSIDE COUNSEL, RE: ASSISTANCE WITH AIR QUALITY ORDINANCE
Commissioner Carlson distributed an article indicating the Environmental Protection Agency (EPA) is reevaluating the Clean Air Act; stated it has a list of priority air toxins for the integrated urban air toxic strategy it is developing; it has approximately 30 of the top toxins it is going to be analyzing as being the worst; and there is a list of 34 source categories likely to be subject to future regulation. She noted in the County's performance based zoning as it tries to define industry versus heavy industry, the EPA pinpoints the big ones; and it should help Mel Scott and Peggy Busacca in determining what the County should have in industry and heavy industry.
Assistant County Attorney Christine Lepore stated the Attorney staff is recommending Maribel Nicholson-Choice, the same person who wrote the article Commissioner Carlson is referring to; she sits on the EPA Committee to review toxic air emission; she also has experience nationally as well as locally; and she is familiar with all eight of the programs that have been approved by Department of Environmental Protection (DEP), as well as other local air quality programs across the nation. She noted Greenberg Traurig, P.A. does not have any clients in Brevard County that would be subject to an air quality regulation; David Dee, another Attorney who is very qualified as well, represents Oleander; and staff felt it would possibly present a conflict and is the reason it recommends Attorney Nicholson-Choice.
SELECTION OF OUTSIDE COUNSEL, RE: ASSISTANCE WITH AIR QUALITY ORDINANCE
Commissioner O'Brien expressed concern about this just because of one problem the County faced, that it looks at now hiring an attorney starting at $22,000 retainer, at $220 per hour and $180 per hour for associates, for air quality standards when Brevard County is not amongst the three remaining counties in the entire State that have air quality problems; and this could be a very expensive solution to almost a non-existent problem. He stated the County can write ordinances and toughen them up, but also make those industries that pollute responsible for answering to the County whether they are in compliance with EPA standards or not; the EPA and DEP can answer that because they are the ones who regulate it; there is an enormous amount of regulation already place; and for Brevard County to be redundant and spend this kind of money is not an appropriate action on the Board's part, solely because the problem is not a big problem.
Commissioner Voltz stated she concurs with Commissioner O'Brien's remarks; County staff, other than the County Attorney, is not supporting the County having its own air quality control ordinances; from all the paperwork she has read, the State and federal government have plenty of strict guidelines that people do not need more permits; and Brevard County does not have an air control problem. She noted she is not going to support spending this kind of money for this issue.
Chairman Scarborough stated the Port St. John community supports the concept because of the location of two power plants; only an ordinance of this nature will address directly the existing operations; everything else the County has talked about from performance zoning to CUP's for power plants basically is prospective, who is moving in and compatibility with zoning; this gives the County an opportunity to address existing problems which it has been unable to find a solution to; and he supports the concept.
Commissioner O'Brien stated if the Board wants to keep the taxes lower it has to avoid getting into monitoring when other agencies already do it; and inquired why should the County be the redundant force behind it. He noted the Florida Power and Light (FP&L) problem can be solved if the County puts pressure on DEP to start resolving the problem and starts working with FP&L to move Brevard County up the list from a 10-year to a three-year program to change over to gas.
Commissioner Higgs stated the County does not know what it will cost until it has talked with the experts; the attorney being recommended is one of the top people in the country in regard to the issue; she does not believe there is anything more important to most people than breathing clean air; and the EPA and State standards have not proven effective in Brevard County. She noted the County Attorney's Office has identified someone who has clear expertise in this area; and the Board needs to move forward.
SELECTION OF OUTSIDE COUNSEL, RE: ASSISTANCE WITH AIR QUALITY ORDINANCE
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve retaining the services of Greenberg Traurig, P.A. for assistance with the development of an air quality ordinance and counseling in environmental legal issues, at $220 per hour for Attorney Nicholson-Choice and other partners, $180 per hour for associates, and a retainer of $22,500.
Commissioner Carlson stated it is premature to say Brevard County is going to be spending hundreds of thousands of dollars for something it is trying to get advice on; hopefully, it can get positive counseling and a defensible ordinance out of it; and maybe it does not have to have an actual air quality monitoring system.
Commissioner O'Brien expressed concern about where this is going to go once the ball starts rolling; and stated it is not needed at this time. Commissioner Voltz reiterated that Brevard County does not have a pollution problem
Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.
The meeting recessed at 9:57 a.m. and reconvened at 10:13 a.m.
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, for industrial, commercial and business uses by adopting performance standards.
Nancy O'Hare, representing Baytree residents, advised of their opposition to adoption of the proposed ordinance; stated permitting industrial uses in BU-1 and BU-2 districts could have a detrimental affect on the character of neighborhoods and values of surrounding properties, particularly residential properties and the complexion of Brevard County as a whole; and urged the Board to amend and/or table the standards before any final action. She presented a petition to the Board in opposition of the ordinance.
Anthony Caruso stated performance standards are extremely difficult to police; the fines that may be imposed on an industry that is occupying property under performance standards is another cost of doing business to them; but it is a greater cost to the community and the Board
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
to police it; it is a mistake to apply performance standards to all property in Brevard County that is zoned for business; and it would be more practical to sort those things out and take properties that are marginal in location and away from residential areas.
Harry Bowman expressed concern about the change in the move to performance standards, particularly in the area along Wickham Road; stated he moved to that area because Wickham Road had been improved; and his major concern is enforcement of performance standards, the waiver process which continues, and the greenway along Wickham Road.
Dottie Krinvic stated this is a major step backwards for Brevard County development; she did not move to Baytree to have factories at the entrance way; and that type of development does not belong there.
Jane Mercadante, stated she and her family moved to Baytree because it is a lovely community; they do not want to see it destroyed; and expressed concern with the greater increase in traffic.
Jim Stallings stated the residents of Baytree appreciate innovative ideas and want the Board to have such ideas as the community grows; however, for all the reasons previously stated, he would request other measures be taken to control the growth in the community other than industrial.
Boyd Burd stated he and his wife selected Melbourne for its beauty, tranquility, and what it thought was going to be a fine quality of life; and he sees those things they searched for being threatened now.
Catherine Cardinale stated she is opposed to the proposed ordinance for all the reasons previously mentioned; and she wants the area to remain nice.
Chas Krueger stated having previously served on zoning boards and boards of appeal in the northeast, once something gets in the door it is very hard to change and enforce; the ordinances were meaningless; and requested the Board keep it status quo. He advised his wife's opinions echo his.
Jean Mercer, Elizabeth O'Neal, Elmer Helms, Mary Elizabeth Marshall, George Marshall, Nellie Pearson, Neal Spatz, and Nancy Young stated they concur with the previous speakers' comments.
Norm Fennelly stated the traffic is becoming heavier on Wickham Road; with the proposal, the traffic will get worse; there will be potential impacts on the wetland; and it is not a positive impact on the residents' investment.
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
Rose Marie Crispino stated there have been quite a few changes in the area that have not been great; and she concurs with the previous comments.
Douglas Vaughn concurred with the previous speakers; and stated the interest of the people is paramount.
Jim Pinkerton commented on overlay zones; stated one of the Board's jobs is to increase tax revenues in Brevard County; perhaps it is one of the reasons for the performance standards; industrial will pay more than commercial or residential; and his company looked for existing facilities. He advised there are abandoned buildings and shopping centers here; inquired is it possible to have a policy to show companies what is there first before they purchase a piece of land and start to build; and stated it would make more sense.
Planning and Zoning Director Mel Scott stated it is an interesting concept, and staff may be able to investigate and identify certain areas that have structures in place; and the Property Appraiser might be able to assist the County in identifying those areas and types of structures that have been vacant for a certain amount of time.
Commissioner O'Brien stated there are developers that do not want to buy somebody else's headache, and they want their land surveyed to build their mall so they do not have to worry about the old problems; the County could map out those properties that do not have environmental or unresolvable problems and try to find solutions as to using them again before new shopping malls are built.
Mr. Scott stated additional criteria could be added to Section 62-2272 in the ordinance, in addition to operating hours, height, exterior storage, and truck limitations; and things such as abandonment could be added.
Maureen Rupe stated she is confident with the performance concept; it is superior to what the County has presently; all ordinances should be as simple and understandable as possible; and if it is not clear to the reader and the people cannot understand it, it adds to the distrust of government.
Stan Bernstein, President of Suntree Master Homeowners Association, stated the Association has reviewed the proposed industrial performance standards under consideration by the Board, particularly those provisions which would allow industrial uses within shopping strips abutting a residential area without the requirement for a public hearing; there are examples of vacant units within BU-1 and BU-2 shopping strips within Brevard County where an industrial occupancy within a commercial area could have an economic benefit for the County; however, it could have
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
the opposite effect if it abutted a residential area. He noted in consideration of the Association's concern for the existing business strips along Wickham Road that now abut Suntree and the available vacant commercial frontage that could attract industrial uses, the Association has taken the following position: (1) Industrial performance standards should be applied to development within light and heavy industrial zones, not the BU-1 and BU-2 business zones; (2) Utilizing those standards to allow industrial uses within business zones to facilitate in part the occupancy of vacant units within shopping strips overlooks the long range negative affects of that policy; (3) To approve the performance standards in their present form as they apply to allowing industrial uses within BU-1 and BU-2 zones, and in particular, when said uses abut a residential area without a public hearing, remove the protection available to the public under the existing Zoning Ordinance wherein an amendment or a variance is required; (4) Consideration of the performance standards in any form should be subject to the receipt of a report on the cost of equipment and staff to evaluate and monitor the performance standards, followed by a Commission commitment of the required funding. Mr. Bernstein stated the Board's consideration of this matter of concern to Suntree residents is respectfully requested.
John Kizirian stated he concurs with everything that has been said by the previous speakers; and enforcement of performance standards is a very difficult job, costly, takes a lot of manpower, and gets to be a real hassle.
Donald McWhorter stated Baytree is an upscale community and is situated in a nice area; up north they went through this process many years ago and decided it was not the proper thing to do; the County is asking the residents to give up their rights to oppose any future industrial development; and inquired why make the people who came here and picked a beautiful area pay for the County's responsibility of having more tax base.
Ed Kellogg stated he concurs with the previous speakers' comments.
Manfred Stiller stated he agrees with everything that was said previously by the residents of Baytree.
Lee Bohlmann, Melbourne-Palm Bay Area Chamber of Commerce, stated in creating an aesthetically pleasing community, more people will want to move here, which will cause more traffic, more need for employment, and other things; and the business community stands before the Board to say it also pays taxes, wants a fine quality of life, does not want its properties to depreciate, but also wants to be a good neighbor and is continuing to strive to do that. She advised the support for performance based zoning stands from her organization; she knows several other organizations who may not be here, but have made comments on this and felt the document this morning, as it is, is an acceptable one to work together to form a vision for Brevard County; and cautioned the Board to not make changes to the document without having the appropriate people who have been involved in it for so long review such changes before final passage.
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
Chairman Scarborough advised Ralph Spencer and Virginia Spencer, representing Baytree Homeowners Association, are opposed to the proposed ordinance.
Lillian Banks stated she concurs with Maureen Rupe's comments.
Kim Zarillo, representing The Partnership, stated aesthetics are important; on the memorandum from County staff, the determination of violations has improved that section; where some of The Partnership's changes were considered grammatical, it is not its intent to correct the grammar of County staff; the changes were to clarify areas that were unclear in the draft ordinance; and when using technical information, they must be referenced. She noted The Partnership is interested in sound, concise and defendable policy; one item that was not included and is very important to add is "river or Lagoon" under setbacks; chemical manufacturing plants have had accidents that kill people; and requested it be added as a heavy industry.
Chairman Scarborough stated the County does not have everything in the ordinance the way it is going to be adopted; perhaps the Board needs to request staff to put together a working group that has different interests; such group can critique the ordinance; but the Board does not have something it can adopt today.
Commissioner Voltz inquired even though the residents around may not see, hear, or smell something industrial there, what does it do to the person's property values when they try to resell their home.
Chairman Scarborough stated a lot of good issues have been raised today; he would like to see the groups previously involved, in addition to the people who want to become directly involved, critique potential changes; and options can be brought to the Board with pros and cons for review.
Commissioner Voltz inquired what is it going to cost Brevard County and the taxpayers to enforce the ordinance; and stated a cost benefit analysis needs to be done. She stated she does not believe County staff needs to be making some of these decisions for the Board; it takes away the public's right for a public hearing; and she does not support it.
Commissioner Carlson stated public hearings have been a concern all along; the Board needs to define when a public hearing is needed and when one is not, keeping in mind that 90% of the things that happen in Brevard County are done without a public hearing and staff uses the current ordinances to do things; the County currently has performance based zoning in its Code with home businesses; it parallels what the County is trying to do in the business community; and the Board needs to address the definition of industry.
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR INDUSTRIAL, COMMERCIAL AND BUSINESS USES BY ADOPTING PERFORMANCE STANDARDS
Commissioner Carlson stated everything the County has on its books is to protect residents' rights; and that is where the Board is going.
Motion by Commissioner Carlson, to continue public hearing to consider ordinance amending Chapter 62, Land Development Regulations, for industrial, commercial and business uses by adopting performance standards for 30 days to allow the Planning and Zoning Director to meet with the various groups.
Commissioner O'Brien stated 30 days is not sufficient time as it is heading into the Christmas season. Commissioner Carlson inquired if the end of January, 2000 is sufficient time; with Mr. Scott responding affirmatively.
Commissioner Higgs stated it has been the desire all along to establish standards that are reasonable and could be measured to make a better quality of life for everyone.
There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to continue public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, for industrial, commercial and business uses by adopting performance standards to the January 25, 2000 Board meeting; and direct the Planning and Zoning Director to meet with groups to critique changes, and advise the Board of pros and cons. Motion carried and ordered unanimously.
The meeting recessed at 11:34 a.m. and reconvened at 11:45 a.m.
DETERMINATION OF PUBLIC INTEREST, RE: ALBERTSONS AT BAYTREE AND WICKHAM ROADS
Attorney Leonard Spielvogel, representing the applicant, advised his client wants to build a 57,500 square-foot store at the northeast corner of Wickham Road and Baytree Boulevard extension, such extension running to Spyglass; and showed a layout of what his client proposes to place on the property. He stated there is a total of 3.22 acres of wetlands on the site; they will impact 1.88 acres, leaving 1.34 acres undisturbed; they will mitigate or compensate for the 1.88 acres, either by purchasing environmentally sensitive lands and improving such lands by removing pepper trees and planting wetland species, and conveying title to those lands to the St. John River Water Management District, or they will pay money to the District so it can purchase endangered lands; and in any event, Albertsons will comply with the requirements and
DETERMINATION OF PUBLIC INTEREST, RE: ALBERTSONS AT BAYTREE AND WICKHAM ROADS
regulations of the District and Brevard County. He advised the wetlands on his clients' property are forested wetlands; he is aware there is a Comprehensive Plan provision pending which allows mitigation for forested wetlands on commercial property; this is a commercial project; however, the limitation is not presently in effect; and requested the Board consider this request solely on the issue of whether his client satisfies the public interest test. Attorney Spielvogel stated the preliminary site plan is dated April 21, 1999; the project has been in the works for many months; he says that in order to dispel the idea that they threw something together in order to meet some deadline; and that was not the case. He advised the construction for the project will last approximately 1 to 1? years and will include approximately $10,200,000 of anticipated construction value; Albertsons will employ approximately 144 full and part-time employees and will generate approximately $2 million per annum in payroll; and the project in its entirety will employ 275 people and will produce over $4 million in annual payroll. He stated the increased tax base created by the project and its assessment as commercially-zoned real estate and buildings will benefit Brevard County from the point of view of local sales tax generated and anticipated sales base of approximately $36,300,000 per year; he has prepared a proposed agreement between Albertsons store, the landlord and Brevard County; attached to the agreement will be excerpts from the ground lease between the landlord and the tenant; Albertsons will have the obligation to maintain this center during the term of its lease; and Albertsons will commit that during the term of the lease, it will maintain the property in accordance with the lease provisions. Attorney Spielvogel stated should Albertsons leave the premises, it will be obligated under the agreement to continue to maintain the store, landscaping, and the center in accordance with the standards attached to the agreement; and should Albertsons have justification for moving out, the landlord has undertaken to maintain the property under the same conditions and terms as provided in the ground lease.
Kelley Samuels, representing Albertsons, stated there is an agreed upon mitigation plan from the St. Johns River Water Management District as presented to Debbie Coles this morning; they have proposed a comparable site within the same basin where the impact occurs, which is the Lake Poinsett basin; it is approximately 110 acres; and they are proposing to enhance 30 acres of wetlands that are forested in nature and fill in ditches that have occurred on the site.
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to extend additional time for the applicant. Motion carried and ordered; Commissioner Scarborough voted nay.
Ms. Samuels advised they are also proposing the creation of two acres of wetlands adjacent to a herbaceous marsh on the system; the third figure outlines in detail the mitigation plan itself; the second figure looks at the regional perspective of the parcel; and she received confirmation of the ratios that establish the acreages from the St. Johns River Water Management District this morning. She stated it is a reasonable plan to offset the acreage of impact they have on the site.
DETERMINATION OF PUBLIC INTEREST, RE: ALBERTSONS AT BAYTREE AND WICKHAM ROADS
Roger Birt, representing Albertsons, stated he has been doing site selections for Albertsons for over 15 years; they looked at the Viera area for approximately five years and were never able to ascertain the store volumes they needed which were based on the lack of population; two years ago they looked again at the area and found an acceptable site which was the extension of Baytree and Wickham Roads; and since that time, they started negotiating with the landowner, came to contract, and hired consultants Bussen, Mayer, etc. He advised there are tremendous volumes in 2001; they were increased by 40% in 2003 which is based solely on population; this is an area that is expected to grow tremendously; and Albertsons is excited about a new store in this particular location and would be a good citizen for the community.
Jim Stallings, representing Baytree homeowners, stated the residents would like to see the greenway preserved; there is not a need for another large grocery store in the area; it will take away from the aesthetics of the entire neighborhood; the wetlands need to be preserved; and he and his family are opposed to the request.
Frank Bell, representing Baytree residents, stated the homeowners recognize that commercial development is going to occur along Wickham Road, but they also recognize the many things that wetlands serve; they serve to reduce noise, air pollution, and flooding much better than two acres of concrete or asphalt, and they also provide protection from residential areas in terms of preserving their view; and it is much nicer to look at a tree than it is loading platforms of supermarkets or other types of uses. He expressed his opposition to the request by Albertsons.
Joan Burd stated the residents do not need another store in the area, particularly when it is intruding on the environment; and Albertsons needs to clean up its store at Lake Washington to make it more desirable.
Boyd Burd advised of his opposition to the proposed request by Albertsons.
Jane Mercadante expressed concern with the wetlands and traffic; stated the residents of Baytree want to see the beautiful land and birds remain there; and another shopping center and supermarket are not needed.
John Kizirian stated the major issue to him is the wetlands; if one takes away half of the wetlands and has commercial property on the other half of it, it has effectively destroyed the whole wetlands; no one has given it a great deal of thought; and it will destroy the population of the animals and birds that have lived there all these years.
Attorney Spielvogel stated the gist of the problem is an isolated wetland; part of the problem was caused by the widening of Wickham Road or the location of such Road as it bisected the
DETERMINATION OF PUBLIC INTEREST, RE: ALBERTSONS AT BAYTREE AND WICKHAM ROADS
wetland; the small isolated wetlands are short lived; and the offer the applicant has made and discussions with the St. Johns River Water Management District will trade the 1.88 acres of impacted wetlands for 32 acres of wetlands which will be part of a larger system which is how his client is going to save the wetlands. He advised the applicant is not going to be able to salvage wetlands that are so small and surrounded by growth because, ultimately, those wetlands will deteriorate to the extent where they are no longer viable; the property is zoned for commercial; it is on Wickham Road and at an intersection where a traffic light will be placed; and there is going to be commercial zoning along Wickham Road. Attorney Spielvogel stated it is an excellent location for an Albertsons; an effort has been made to design the store and center so that they lend themselves to the community, plus an agreement is being offered by Albertsons that has never been offered before in Brevard County where it is committing to maintain the store, center and landscaping for 25 years; and his client has met the obligation that is imposed. He advised he has appeared before the Board before requesting the right to mitigate for commercial properties, and it has always seen fit to grant it; there is no difference in this request because forested wetlands should not be a consideration; Albertsons has met the public interests and is doing things that are beneficial to the community; and Wickham Road has the capacity and Albertsons meets concurrency.
Commissioner Carlson expressed concern on protecting forested wetlands; stated Publix backs up to the Suntree area and within two miles is Cash-N-Carry; and down from Cash-N-Carry is a Publix being potentially planned and a Winn-Dixie across the street; so within a five-mile radius, there are five full-scale shopping centers; and she has a problem with the actual aspect of need here. She stated it does not serve a public interest to put another shopping plaza out there; there is a higher and better use; and the Board needs to look hard at the public interest on this particular item.
Commissioner Voltz stated if the Board is going to make a decision, it needs to base it on current policy. Commissioner Higgs stated commercial and industrial development in wetlands is prohibited by the Comprehensive Plan, unless certain public interest criteria are met; in this case, those are not met; and she will vote against the proposal.
Commissioner O'Brien stated Albertsons has answered the questions by saying there is a public need and that is why it wants to build a store there. Commissioner Carlson stated the public is present today to tell the Board what the public need is. Commissioner O'Brien stated 83,436 other residents of District 4 are not present today who may want an Albertsons there.
Chairman Scarborough stated under the existing Comprehensive Plan, the Board has to make a determination if it is to proceed that there is an overriding public interest; and it is the burden of the applicant to bring that forward and the Board's discretion to make that decision. County Attorney Scott Knox advised that is correct.
DETERMINATION OF PUBLIC INTEREST, RE: ALBERTSONS AT BAYTREE AND WICKHAM ROADS
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to deny the Albertsons project on the northeast corner of Baytree and Wickham Roads on the basis there is not an overriding public interest. Motion carried and ordered unanimously.
The meeting recessed at 12:31 p.m. and reconvened at 1:36 p.m.
PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO SEA RAY BOATS, INC.
Chairman Scarborough called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Sea Ray Boats, Inc.
Dan Goddard, Vice President and General Manager of Sea Ray Boats, Merritt Island, recognized the Sea Ray employees, valued suppliers, community members, and residents present today who continue to offer their support to the Company; stated Brevard County government, recognizing the significant economic impact that Sea Ray Boats' expansion efforts would have on the community, brought this tax incentive opportunity before the Company to investigate; its decision to pursue this incentive was met with support from the Economic Development Commission (EDC) and the Board; and Sea Ray Boats has successfully provided the Board with all the necessary documentation, including fence line modeling prepared by Golder Associates, Inc., an outside environmental engineering firm. He advised the modeling is in accordance with Environmental Protection Agency (EPA) recognized computer modeling procedure; Golder's evaluation disclosed that emissions from the proposed facility are significantly below the EPA guideline levels; the level of the project emissions at the new facility by the nearest residents is low to nearly immeasurable; and the modeling, along with the information about Sea Ray's aggressive VOC reduction in this, should have been sufficient enough information to dispel any thoughts the County may have had that the Company poses any danger to the health or welfare of its employees or the community. Mr. Goddard stated it has become apparent during the past week in conversations with Brevard County that by Sea Ray coming before the Board today and asking it to vote on this tax abatement issue, Sea Ray has placed the Board in an uncomfortable, even adversarial position, both politically and personally; a vote today either for or against this incentive could cause potential repercussions to the County; and placing the Board in such a difficult situation was never the Company's intention, as it values its relationship with the Board as the governing body for Brevard County. He advised Sea Ray Boats has made long-term commitments to Brevard County; as the 17th largest employer, it currently employs 1,300 employees and has enjoyed a history of doing
PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO SEA RAY BOATS, INC.
business in the community for nearly 30 years; as it looks to the Company's future in the hope to build a fourth plant and employ hundreds more people from this area, it does not want to do anything to jeopardize its ability to be a vital part of the economic landscape of Brevard County; and Sea Ray Boats would like to withdraw its request for tax abatement, and thanks the Board for its time it has invested to learn more about Sea Ray.
The Board acknowledged the withdrawal of application by Sea Ray Boats, Inc.
Commissioner Carlson inquired how does the QTI affect Sea Ray Boats; with Economic Development Director Greg Lugar responding the QTI effectively needs a local match, whether it is the tax abatement cash or some other value the State accepts. Mr. Lugar stated if the abatement is not there within the form of approximately $240,000, then the QTI would not be effective for Sea Ray. Commissioner Carlson inquired is it the only way Sea Ray can get it; with Mr. Lugar responding unless the business community comes up with the cash.
Chairman Scarborough stated tax abatement is a privilege under Florida Statutes; it is purely discretionary and sometimes it can get arbitrary and hard to define; the County needs to better define the thresholds; since Sea Ray Boats withdrew its application, it leaves questions unanswered; and if someone came in tomorrow and asked Lynda Weatherman what their chances are for tax abatement, she would be unable to give an answer except she does not know and the individual would have to go through the process to find out. He inquired is there something to help the County, and have other counties addressed similar issues.
Commissioner O'Brien stated the applicant has withdrawn its application; and it is unfair to Sea Ray to have any further public hearing on this item.
Commissioner Voltz stated Ms. Weatherman has to know exactly what and who she can offer tax abatement to; and the Board needs to make a decision on how Ms. Weatherman can more effectively do her job.
Commissioner Higgs stated the whole issue of tax abatement is unsettling; she is not ready to vote positively for any tax abatements at this point; the abatement issues the Board has gone through up to this point have been fair; but she is not willing, at this point, to vote for any. She advised no one likes paying taxes; the only way to do those is across-the-board; and until she gets some enlightenment, she is not going to vote for any abatement.
Commissioner Carlson stated all the items need to be addressed in the EDC workshop. Commissioner Voltz stated the citizens have voted that the Board can make the decision to issue tax abatements; and it has been given the authority to do that.
PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO SEA RAY BOATS, INC.
Commissioner O'Brien stated Brevard County is in competition with every other county in the entire Nation; the County is in a learning curve doing tax abatements; and it can change the criteria and tweak them so it is a good deal for the public and Brevard County.
Commissioner Carlson suggested Economic Development Commission (EDC) Director Lynda Weatherman report to the Board at a regular meeting on the status of economic development in Brevard County.
DISCUSSION, RE: SANDBAGS BEFORE, DURING, AND AFTER STORM EVENTS
Public Works Director Henry Minneboo advised this year the County made a decision to release sandbags; it had no indication this program would be so overwhelming and thought they would only use about 3,000 sandbags; but in approximately six hours, it used approximately 30,000. He stated the County filled and put sandbags in individuals' vehicles in four specified locations; staff continually received requests for sandbags in the closing days of the storm; and the item is scheduled on the agenda today for guidance from the Board.
Commissioner Carlson inquired has there ever been an agreement with any local provider of sandbags, such as Home Depot. Mr. Minneboo responded there are isolated locations that provide sandbags throughout Brevard County; staff has not tried to develop an agreement with them; and it has not dealt with the private sector concerning sandbags.
Commissioner O'Brien stated he is fearful that the County is starting to distribute sandbags when they are available commercially from Home Depot; the County could work closely with Home Depot and warn it that the season is coming and sandbags need to be in stock; the County could be looking at an annual price tag of $100,000; it is important to protect the people who receive flood damage; but there are too many people who would look for free sandbags, fill their trucks up, and put the bags in the garage in case they ever get flooded. He stated he cannot support giving sandbags away unless the Board can deem it as an actual emergency.
Commissioner Voltz inquired what is the County's liability if it begins giving sandbags away, the storm comes and the County has not given enough bags out because it limits them to approximately 25 bags per person, and an individual's house flooded because the County did not give them enough bags; with County Attorney Scott Knox responding he does not believe the County would have a problem. Commissioner Voltz stated the County may need criteria to follow major storms.
Commissioner Carlson stated the County does not provide plywood when storms come, so she does not know why it needs to supply sandbags; and it is taking business away from the community.
DISCUSSION, RE: SANDBAGS BEFORE, DURING, AND AFTER STORM EVENTS
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Option C to maintain policy of not distributing sandbags before, during, and after storm events, but promote a list of locations where they can be purchased.
Commissioner Higgs advised of her support for Option B.
Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.
RESOLUTION AND PERMISSION TO ADVERTISE ORDINANCE FOR PUBLIC HEARING, RE: TAX ABATEMENT APPLICATION OF AMERICAN PRINTWORKS L.L.C.
Clarence Rowe advised the item is broad and has no boundary; and requested the Board delay action on the item to tweak the ordinance. He expressed concern with the environmental health issue; stated it is extremely important; and it is in the best interest of the citizens to know what they are dealing with and the impacts. He stated Title V, major polluters, should not be given a tax abatement; and he is concerned with the health and welfare of Brevard County citizens.
John Kasline, Manager of American Printworks L.L.C., stated his Company does not have any hazardous materials or fumes; the only thing it is going to have impact on is water; the waste it gets rid of goes in 55-gallon drums, is non-hazardous, and is taken away and dumped; and the smallest flag will be 4 x 6 inches and the largest will be 5 x 8 feet.
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution to consider Tax Abatement Application of American Printworks L.L.C. as an eligible business under the County's Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.
Commissioner Higgs stated she is not going to support the motion; and it has nothing to do with the business, but it has a lot to do with where the County is going to go on the issue.
Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.
REPORT AND PERMISSION TO ADVERTISE PUBLIC HEARINGS TO CONSIDER AMENDING ORDINANCES, RE: FENCES/BUFFERS BETWEEN RESIDENTIAL AND COMMERCIAL/INDUSTRIAL ZONING
Zoning Manager Rick Enos stated Chairman Scarborough has a further suggestion that the eight feet be changed to whatever height not to exceed that permitted on the adjacent commercial or industrial; and it can vary, depending on what the adjacent site permits
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise public hearings to consider amending Ordinances concerning fences/buffers between residential and commercial/industrial zoning. Motion carried and ordered unanimously.
RESOLUTION, RE: AMENDING PLANNING AND ZONING FEE SCHEDULE TO DEFRAY COSTS ASSOCIATED WITH HANSON ENGINEERS, INC. REVIEW OF NEW REQUESTS FOR TOWERS AND ANTENNAS
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution amending the Planning and Zoning Fee Schedule to defray the costs associated with Hanson Engineers, Inc. review of all future requests for new towers and antennas.
Commissioner Voltz advised an applicant who has an engineer who has done all the same work is going to have to spend $2,500, plus an additional fee if that is necessary, with excess funds returned to the applicant; and inquired if they are going to have to pay this amount.
Planning and Zoning Director Mel Scott responded the only time the fee would go into effect is when the applicant needs the Conditional Use Permit (CUP); if they need the CUP, it means they are required to demonstrate technical necessity; and it will not apply to every tower. Commissioner Voltz inquired how many towers does staff pass without coming for a CUP; with Mr. Scott responding the number is decreasing because the towers the County is now seeing are infill towers as there are stringent separation requirements in the Code. Commissioner Voltz noted so almost all of them are going to have to be paying; with Mr. Scott responding that is correct. Commissioner Voltz stated she is not going to support the motion; the companies hire their own engineers to do all the engineering work; and now they are going to have to turn around and pay an engineer the County has dictated to them.
Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.
PERSONAL APPEARANCE - JAY ADAMSON, RE: INTEROFFICE MEMOS DICTATING POLICY
Jay Adamson stated the interoffice memo in the packets submitted to the Board members says the property owner is going to lie to the Code Inspector so he does not have to buy a double permit, be fined, and anchor something down properly which should have been done to begin with; and all of the present rules and regulations in place that require permits are still valid and individuals should still be using them. He noted he would like to see interoffice memos that have an impact on the general public to have an expiration date on them, such as six months; it gives sufficient time to change an ordinance or put something on the books; and an interoffice memo was meant to be used interoffice and not intended to govern the public.
Chairman Scarborough requested the County Attorney address interoffice memos and their role in rule making. County Attorney Scott Knox advised sometimes the ordinances are not the model of clarity and the individuals who interpret the Ordinances or administer them on a day-to-day basis will write out what they interpret as interoffice memos; that has been a practice in some departments; and the Zoning Department has a different approach in which the Zoning Manager does a formal interpretation which is incorporated into the file.
County Manager Tom Jenkins advised historically the Zoning Official has issued official zoning opinions; the County became more concerned about that and created a committee to review them; if they find themselves having to make too many interpretations of the Zoning Code, they are bringing them back to the Board, requesting it make final decisions on those items and incorporate them into the ordinances; and it is currently being done. He stated in terms of Code enforcement issues, those were items voted on by the Board in public meetings; their implementation has been done by memorandum; Mr. Adamson's point is that from time to time, if the Board is going to have those kinds of policies, they should be added to the Ordinances so they reflect what the policy is; and it is a valid point to take the Code enforcement policies made over the last several years by the Board and codify them so they are part of the Code and keep them in one location as opposed to having two sets of documents, which is what Mr. Adamson is suggesting.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Manager to provide a report to the Board in 60 days concerning interoffice memos as they pertain to dictating policy. Motion carried and ordered unanimously.
PUBLIC COMMENTS
Lillian Banks stated she appeared before the Board on September 28, 1999, to discuss the signed petitions of more than 14,000 citizens calling for three proposed Charter amendments; Commissioner Higgs felt it was her duty to insure that the matter was put on the ballot at a time
PUBLIC COMMENTS
when a majority of the citizens would vote in the November general election since the petitions affected the entire County; she asked Commissioner Higgs where the concern was when the EELS referendum was defeated in the November, 1989 general election; that should have been the end of it, but the EELS appeared again on the September, 1990 ballot; and it was not a general election. She noted Commissioner Higgs said that was not the case and the EELS appeared only once in 1990; County Manager Tom Jenkins indicated she was mistaken and was confusing it with the 1989 referendum dealing with parks; the EELS Program was conceived in 1990; and Assistant County Managers Steve Peffer and Peggy Busacca, and Commissioner Carlson all agreed with Mr. Jenkins and Commissioner Higgs. Ms. Banks stated since that time, she has reviewed the tape of the meeting and obtained a copy of the ballot cards for the 1989 and 1990 elections; the EELS referendum was on both ballots; and the only difference was the amount to be bonded and the terms of the bond. She advised the statements of the two Commissioners and County staff sent the wrong message to the public; and she wants the official record to show that her statements on September 28, 1999 concerning the EELS referendums were correct. She advised the documentation she received from the Clerk of the Circuit and County Courts about what she had to say on September 28, 1999 did not say what she had to say, or give her thoughts; it was only two short paragraphs and said that she had mentioned the EELS programs and talked about the petitions; and it was not the message she was getting across. Ms. Banks stated the record needs to be set straight; the whole petition thing is a disgrace and should be corrected immediately by withdrawing the lawsuit and placing the petitions on the March, 1999 ballot to let the people decide; and the true motivation is not to prove if the petitions are legal.
County Attorney Scott Knox stated to file a declaratory judgment action there needs to be an adversarial party; in this particular case, a group of three people were the named individuals in the lawsuit, formerly a political committee which is authorized under State law; he sued the political committee for the declaratory judgment and he also named individual members of the committee in their capacity as members; and if the individuals are willing to allow the County to proceed against the committee without objecting to the fact that they are not parties to the lawsuit, he would be happy to drop them. He advised his instructions were to try to pursue the declaratory judgment action.
Chairman Scarborough inquired what if they opt not to respond. Attorney Knox responded the Judge may enter a default judgment; he would file a motion for default setting forth his reasons why the County should get the judgment; the Judge would either agree or not agree with him; and if he agrees, he would enter a judgment setting forth what he thought the law was; and if he disagreed, he would probably change it.
Commissioner Voltz stated two of the three amendments that went to the Judge need legal clarification; but when the Board voted 5:0 to send it for declaratory judgment, she did not have
PUBLIC COMMENTS
the amendment; and the amendment on term limits states, "Shall the Brevard County Charter be amended to provide that a County Commissioner shall not serve more than two consecutive terms"; there is no ambiguity there; and it should not have gone before any Judge and needs to be withdrawn from the declaratory judgment because it is very clear. Attorney Knox stated the reason it is a problem is because the ballot language is not consistent with the language in the amendment; the amendment is not clear and gives the impression it is retroactive; and the ballot language does not make it clear it is retroactive. He noted the ballot language is going to accurately represent what the amendment is; if the amendment is retroactive, then the ballot language needs to say that; the Judge needs to decide whether or not the amendment is retroactive; and if he decides it is prospective, then the ballot language is fine and it will go on the ballot. Attorney Knox stated if he had to guess what was going to happen, the Judge will probably say it has to apply prospectively because the language is ambiguous; therefore, the language is all right and it can go on the ballot.
Nelly Strickland stated she went to Chairman Scarborough's office a few weeks ago; she was not feeling well and parked in Supervisor of Elections Fred Galey's reserved parking space at the Courthouse in Titusville; Mr. Galey started a temper tantrum and told her never to park in the parking space again; and at over $90,000 a year, plus benefits, Mr. Galey should be more considerate of the taxpayers who pay his salary. She noted there are too many parking spaces at too many courthouses for too many Constitutional Officers; and the rules need to be changed.
Chairman Scarborough requested the County Manager and Facilities Management Director review the amount of parking spaces for handicapped and short-term parking around County facilities.
Ms. Strickland stated Parrish Medical Center is going to float a bond issue while it has $89 million in the bank; it is a sin and is going to stick her in long-term debt; she does not know what its intent is; and the same parties need to be out of there that are pulling the tricks.
Pat Hartman stated the Charter says there are two ways to change it; the Board can decide to do it by putting it on the ballot and the voters vote, or citizens following the rules get names together and say they would like changes to go on the ballot; last year the Charter was reviewed by a Charter Commission appointed by the Board; the amendments the Home Rule Charter Committee gave the Board with signatures were discussed by the Charter Commission last year; and Commissioner Voltz has mentioned she is not sure if two of them are legal with the laws of the State. Ms. Hartman noted she believes the third amendment concerning term limits was clear to the people who signed it; the ballot language may or may not be clear; she believes it is very clear that it is retroactive; and if there is a problem with the signatures or the way the Home Rule Charter Committee had the third ballot initiative, the Board has the possibility of
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getting it on the March ballot. She stated asking a Judge to make a decision is a cop-out; the Board has the responsibility to decide to put it on the ballot or not; the citizens signed the petitions and are asking the Board simply to place a date to put it on; they are not asking the Board for permission to do it as they have the right through the Charter to try to change things; and it is not up to the Board or a Judge to decide whether it goes on the ballot. Ms. Hartman stated she supports Commissioner Voltz and her comments.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 3:05 p.m.
ATTEST:
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
SANDY CRAWFORD, CLERK
(S E A L)