MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 10, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 10, 2006 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

The Invocation was given by Pastor Roger Hackenberg, Hope Community Fellowship Church, Titusville, Florida. 

 

 

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

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the minutes of the July 12, 2005 Regular meeting.  Motion carried and ordered unanimously. 

 

 

The public requested Item 1.B.5, Accept Donation and Authorize Funding for Relocation of Clifton School House and Gibson Tenement Houses, be pulled for discussion.  Chair Voltz noted the item would be heard after Resolutions.

 

County Manager Peggy Busacca requested Item 1.A.2, Final Engineering and Preliminary Plat Approvals for Buck Run Subdivision, and Item 1.A.13, Site Plan Extension for West Pointe Plaza, be removed from the Agenda.  The Board reached consensus to remove the item.

 

Ms. Busacca requested Item 1.D.1, Approval to Fund for Lobbyist to Represent Charter County Administrators, be moved to New Business.

 

Commissioner Pritchard inquired on Item 1.D.3, Resolution for Establishing June 1, 2006 as Budget Submittal for Sheriff’s Office Budget, since the Commissioners do not meet in June, could there be a preliminary submittal by May 1, 2006 to get an idea where it is going.  Ms. Busacca replied she would ask the Sheriff for all the information he has available.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final engineering approval for Stadium Parkway Four Laning, subject to minor engineering changes

as applicable and developer obtaining necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution establishing a revised fee schedule for Land Development Division inspections, re-inspections, processing applications for inspection of road and easement improvements, and penalty for working without permit or approval.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Eason Landing Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and executed Contract with The Viera Company for the project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Heritage Isle Subdivision, Phase 5, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and executed Contract with Lennar Homes, Inc. for the project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Contract Modification Agreement with The Viera Company for infrastructure improvements to Viera Basin V.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Extension Agreement with Towne Development of Island Pointe, Inc., developer of Island Pointe Condominium, for improvements to Myrtice Avenue.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Ava Longsworth for a building permit on Lonesome Dove Lane.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Rosemarie Raffinello for a building permit on Ponderosa Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the Permitting and Enforcement Director to execute unpaved road agreements for the issuance of building permits on behalf of the Board.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the five-acre minimum requirement for two lots sharing the same access easement strip under Section 62-102 of the Code for Anthony and Trudie Infantini.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the one-acre minimum requirement for a flag lot under Section 62-102 of the Code for Gerald F. Bieringer.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Contractors’ Licensing Board/Construction Board of Adjustment and Appeals Procedures adopted by the Contractors’ Licensing Board on April 21, 2004, pursuant to the authority granted in Section 22-501(d) of the Code of Ordinances.  Motion carried and ordered unanimously. 

            WEST OF MAIN STREET                                                                                         __ 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Charles L. Perry for property located on the south side of Mount Pleasant Avenue, west of Main Street.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Nancy J. Bell for property fronting State Road 3 and north of Crisafulli Road.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve legislative intent and grant permission to advertise a public hearing to consider an ordinance amending Chapter 62, to add self storage mini-warehouses to the BU-1 zoning classification.  Motion carried and ordered unanimously. 

 

 

            RIGHT-OF-WAY AT TITUSVILLE BRANCH 9-9/AURANTIA                                              

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution and execute Real Estate Lease with Florida East Coast Railway Company for paving the portion of Blounts Ridge Road lying within the FEC right-of-way at Titusville Branch (TB) 9-9/Aurantia.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Right-of-way Use Agreement with Georgiana United Methodist Church, Inc. for improvements within the public right-of-way of South Tropical Trail in Merritt Island; and approve waiver of fees associated with the Roadway and Easement permit.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolutions and execute Railroad Reimbursement Agreements with Florida Department of Transportation and Florida East Coast Railway Company for grade crossing traffic control devices at Micco and Ansin Roads, and Barefoot Boulevard.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Keep Brevard Beautiful, Inc. for beautification, litter control, and recycling of materials in the amount of $78,900.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize a three-quarter part-time Fiscal Analyst position to fulltime, which will be reclassified as Solid Waste Finance Manager.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution amending Resolution No. 02-37, reducing the Cocoa West Recreation Complex Advisory Board from seven to five members.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution revising the Land Acquisition Manual of the Environmentally Endangered Lands Program as recommended by the EEL Program Procedures Committee.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Amendment No. 6 to Management Lease Agreement #4263 with the Board of Trustees of the Internal Improvement Trust Fund (IITF) of the State of Florida, adding 1,798.76 acres in the Cruickshank, Grant Flatwoods, and Valkaria Scrub Sanctuaries.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Amendments Nos. 7 and 8 to Management Lease Agreement #4263 with the Board of Trustees of the Internal Improvement Trust Fund (IITF) of the State of Florida, adding 565.63 acres and 108.55 acres in the Valkaria Scrub Sanctuary.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Amendment to Lease Agreement with Boozer Properties, LLC for office space at 2275 S. Babcock Street in Melbourne for the Melbourne Public Health Department from January 10, 2006 through January 9, 2016 at $175,490 annually.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize advertising a public hearing to consider a resolution of intent to establish a new revenue methodology for the Fire Rescue Department.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution rescinding the May 1 deadline for budget submittal for the Sheriff’s Office established in 1990 by Resolution No. 90-188, and reverting to a June 1 date pursuant to Florida Statutes 30.49(9).  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize Sheriff Jack Parker to budget $100,000 of State Forfeiture funds in Fiscal Year 2006 to outfit three existing armored personnel carriers; and approve any necessary budget amendments.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize settlement of all claims regarding the Terry Marcum v. Brevard County lawsuit for the amount of $75,000, including attorneys’ fees and costs.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint and/or reappoint Paula Jaruse and Kelli Jo Strabley to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2006; Karen Dove, Sarah Maricle, and Marcia Mario to Brevard County Commission on Status of Women, with terms expiring December 31, 2006; Anita Cragg, Ed Fleis and Frank Kaiser to Building and Construction Advisory Committee, with terms expiring December 31, 2006; Glenice Fablinger and Loretta Wilson to Central Brevard Library and Reference Center Advisory Board, with terms expiring December 31, 2006; Larry McElhinney and Roy Wariner to Citizen Budget Review Committee, with term expiring December 31, 2006; Clara Smith to Community Action Board, with term expiring December 31, 2006; Luella Shellman to Community Development Block Grant Advisory Board, with term expiring December 31, 2006; Bud Crisafulli, Roger Drabyk, and Lena Nordell to Contractors Licensing Board, with terms expiring December 31, 2006; Sharon Haydon, Marilyn Hooper, and Patricia Passalacqua to Country Acres Advisory Board, with terms ending December 31, 2006; Richard Corsillo, Joe Demes, Roy Gunsler, Doug Jaren, Tom Mott, Tim Myers, and George Reynolds to District 2 Canal Dredging Committee, with terms expiring December 31, 2006; Steven Webster to Economic Development Commission of the Space Coast, with term expiring December 31, 2006; Mark Nathan, Eve Owens, and Steven Webster to EELS Program Recreation and Education Advisory Committee, with terms expiring December 31, 2006; Jan Conrad and Sharon Luba to Employee Benefits Advisory Committee, with terms expiring December 31, 2006; Rocky Randels and Courtney Roberts to Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2006; Bud Crisafulli to Extension Advisory Council, with term expiring December 31, 2006; Douglas Hendriksen, Joseph Morgan, Sandee Natowich, Michael Newquist, Ann Smith, and Bob Swenson to Historical Commission, with terms expiring December 31, 2006; Steve Phelps and Milo Zonka to Investment Committee, with terms expiring December 31, 2006; Rochelle Lawandales to Landscaping, Land Clearing, and Tree Protection Task Force, with term expiring December 31, 2006; Lee Craig and Carol Hurst to Library Board, with terms expiring December 31, 2006; Mike Cunningham, Doug Jaren, and George Reynolds to Marine Advisory Council, with terms expiring December 31, 2006; Greg Cronk and Gina Nater to Medical Services Review Committee, with terms expiring December 31, 2006; Ann Sepri to Melbourne Beach Public Library Advisory Board, with term expiring December 31, 2006;  John  Campbell,  Vicky  Fischer,  Dorothy  Hill,  Ray  Hoffman,  Kathy

Jarrell, William Parlon, Hank Salvin, and Albert Thomas to Merritt Island/Beaches Service Sector Advisory Boar, with terms expiring December 31, 2006; Ralph Perrone to Merritt Island Redevelopment Agency, with term expiring November 13, 2008; John Anderson, Bob Estes, Robert Preikschat, and Jeff Raines to Metropolitan Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2006; Keiron Jackmon to Palm Bay Regional Park Advisory Committee, with term expiring December 31, 2006; Ben Drew to Parks and Recreation South Service Sector Advisory Board, with term expiring December 31, 2006; Bonnie Will to Personnel Council, with term expiring December 31, 2006; John Daignault, Ron McLellan, Henry Minneboo, Sandee Natowich, Michael Selig, and Derek Vaughn to Planning and Zoning Board, with terms expiring December 31, 2006; Lou Howard and Ginny Mack to Public Golf Advisory Committee, with terms expiring December 31, 2006; Curtis Byrd to Recycling Citizen Advisory Committee, with term expiring December 31, 2006; Marie Bergamini, Lillian Richards, and Loretta Surface to South Mainland Library Advisory Board, with terms expiring December 31, 2006; Frank Gallagher, Jr., Andy Pedersen, Ken Rivard, and Milo Zonka to Valkaria Airport Advisory Board, with terms expiring December 31, 2006; Melvin Mueller to Veterans Memorial Park Advisory Board, with term expiring December 31, 2006; and Michael Corcoran, Courtney Roberts, Clyde Thodey, and Bruce Wechsler to Zoning Board of Adjustment, with terms expiring December 31, 2006.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve bills and budget changes, as submitted.  Motion carried and ordered unanimously.

          

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution supporting State funding for wind compliant shelters for counties designated as “host counties” during emergency evacuations.  Motion carried and ordered unanimously. 

 

 

 

County Manager Peggy Busacca advised staff has been requested to draft a letter to mail to the Valkaria residents notifying them that the master plan is going to be discussed on January 24, 2006; and requested the Board review the letter. 

 

 

County Manager Peggy Busacca noted the Mathers Bridge Project has been recognized as one of the outstanding construction projects in the southeast United States and has won an award of merit.

 

 

 

Steve Jack, President of Mims Community Group advised they have a feasibility study request petition with 920 signatures.  

 

Commissioner Scarborough stated the County is able to request a feasibility study, then it shifts over to Legislature, and finally goes back to the people to make the decision. 

 

Commissioner Pritchard noted he is fine with the feasibility study; and inquired what the dollar amount is.  Commissioner Carlson replied it was $20,000 for Valkaria; and inquired where the money is coming from.  County Manager Peggy Busacca responded there is money in Contingency.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize funding up to $20,000 from Contingency for a feasibility study for the possible incorporation of Mims.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough commented on the many problems with the computers and capacity; and requested a report back from County Manager Peggy Busacca on how system- wide computer problems can be addressed.

 

 

 

Commissioner Scarborough advised at the last meeting he had made a motion for an additional $200,000 for the arts but discussion ensued before the vote was taken; the conversation was convoluted; and inquired whether anyone had amended his motion.  Commissioners Carlson and Colon both responded negatively. 

 

 

 

Commissioner Pritchard requested the Board consider authorizing County staff to schedule a workshop regarding Affordable Housing no later than March 2006; the Workforce Development Board has undertaken a study of issues and concerns related to workforce housing; he would like to discuss the Brevard County Housing Authority proposal for affordable housing; and the last workshop on this issue was in 2000.  He added the cost of housing, the price of land, and construction costs have risen significantly in the past several years making affordable housing a significant topic.

 

Commissioner Pritchard inquired regarding the PILT money and the Housing Authority, has the money gone into Contingency or will it go to Solid Waste.  County Manager Peggy Busacca responded the money due to Solid Waste will go to Solid Waste and the remainder is still under discussion.  Commissioner Pritchard noted the reason he asked is because he believes it ties into the workshop; and if there is money available, maybe it can be used to locate inexpensive properties to build affordable homes on.

 

Commissioner Pritchard commented on a memo from Fred Galey, Supervisor of Elections regarding additional space for the Supervisor; he noted Wal-mart is not an option; and to avoid an implosion at election time the Board needs to consider some options in an expeditious manner. 

 

Assistant County Manager Stockton Whitten advised staff is continuing to look for properties that are available for lease closer to the complex; as soon as staff can bring something to the Board that hits the mark in price it will do that; and so far, it has not found anything cheaper than the options listed in the memo. 

 

County Manager Peggy Busacca noted the lease for the Kash-N-Karry is about $900,000 a year; staff feels it could construct its own building for three or four years worth of lease; the issue is the Kash-N-Karry has continued the lease with the property owner for eleven years; and if Mr. Galey were to lease the building, he would have to take it for the full eleven years.   She added there is a space consultant that is helping staff identify what kind of overall space needs it has; she would like to come back before the Board when the space consultant is done to discuss whether it should buy or lease buildings; the Public Defender needs additional space with the additional judges coming; and the State Attorney’s office is in the same situation.  She added Building A has people sitting on each others laps; there are a lot of space needs; this needs to be done in a holistic manner; and spending $900,000 a year in a lease payment may not be the best option.

 

Commissioner Pritchard stated a year ago he brought up the option of whether or not the County should own or lease properties; it is a question of how much does it cost to maintain the property versus how much does it cost to lease; and of course if the County were to lease the property, it would stay on the tax roll, so it would help offset the initial cost. 

 

Ms. Busacca noted she has seen a draft of the response; there was one question left yet to answer; the Board should receive it shortly; and all of that has to be included in the discussion.  She added everyone is acutely aware of running out of space; one of the other options is to add Mr. Galey’s decision separate from the other discussions; but staff stated they felt that this needed to be discussed in a big picture way. 

 

Commissioner Pritchard recommended using strip malls and shopping centers; and if it can enhance the economic development of the community by leasing vacant space, then the County is contributing to the economic development with property that is already on the tax roll. 

 

Commissioner Scarborough noted Mr. Galey’s problem should be handled separately; nothing is worse than having an election disaster as everyone knows in Florida; it bounces to international news in a hurry; and Mr. Galey has given ample warning.

 

Commissioner Carlson stated she did not hear anything about archival space; if they are looking at space that size, it seems like the Board should be considering that; and she knows that there is archival interest because the Clerk and the Supervisor of Elections have talked about it.  Ms. Busacca replied staff is putting together an RFP for someone to put together a space study, contacting all of the interested parties, and seeing again if it can come up with one large area for archives as opposed to several small areas. 

 

Chair Voltz advised the County is running out of facilities everywhere; facilities should be included in the Housing Workshop; the County is growing and in need of a lot more space; and the Board needs to address now what the needs will be in 20 years. 

 

County Manager Peggy Busacca noted she is in agreement but does not think the space consultant would have all that information by March; the intent was to have the information by budget time because if staff began to recommend bonding or long-term lease payments, the Board would have to consider that within the budget; and staff will work on it as quickly as possible. 

 

Chair Voltz advised to just look at the needs for now and look at the finances later. 

 

Commissioner Colon reminded the Board that Michael Knight from EEL’s also needs a facility; stated it has to be a holistic approach; it does not need a workshop to discuss financing but it does need to identify all the requests that are coming in; and they know what they are, therefore they should not have to wait until March.

 

Commissioner Pritchard advised he would like to add the moving of the sign and signal shop over to the mainland as part of the discussion.

 

 

 

Commissioner Carlson commented on a report sent to County Manager Peggy Busacca from the Chief of Police; and read aloud, “on behalf of the Brevard County Association of Chiefs of Police we would like to formally request the County Commissioners to adopt an ordinance that would allow the police departments and Sheriff’s Office within Brevard County the ability to better protect our children from sexual offenders and sexual predators”; and inquired if the Board wished to act on it. 

 

Chair Voltz responded affirmatively; and stated put it on the agenda.

 

Commissioner Pritchard responded it does need to be acted on; and bringing it back for discussion is good.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to appoint Ron Cobb to the Brevard County Economic Development Commission, replacing Giles Malone.  Motion carried and ordered unanimously.

 

 

PRESENTATION BY MEL BROOM, RE:  PALM BAY LIBRARY

 

Mel Broom advised the Board of the dire need for expansion of the Palm Bay Library; and requested the Board make a motion to fund the new facility and additional operating costs in the Fiscal Year 2006-2007 budget. 

 

Commissioner Pritchard inquired what the facility and annual operating costs are.  Mr. Broom replied the building is approximately $3 million. 

 

Assistant County Manager Stockton Whitten stated the construction estimate for a 15,000-square foot building is $4 million, with an annual operating cost of $250,000; the libraries are funded through a millage; to advertise a loan of $4 million including the operating over 15 years would require a 3.72% increase in the library millage and the effect on the aggregate millage would be .33%; to run the same numbers over 20 years would require a 3.34% increase in the library millage and the effect on the aggregate would be .29%.

 

Commissioner Pritchard inquired if the library millage is Countywide; with Mr. Whitten responding in the affirmative.  Commissioner Pritchard noted the Merritt Island Library enacted a self-imposed millage about 30 years ago; when the County took over operation it retained the millage and used it for additional things such as expansions, books, and programs; and inquired if that has been proposed to the Palm Bay Library.  Assistant County Manager Don Lusk replied it has not been discussed nor has it been used anywhere else. 

 

Library Services Director Catherine Schweinsberg stated the separate tax district has not been proposed.  Commissioner Pritchard advised it is another revenue source to do the things needed in addition to what the County provides; and it might be an avenue for more direct communication with the community and having those directly affected step up to the plate. 

 

Commissioner Carlson advised this is just for consideration; there will be no action today; but it should be on the list of considerations when budget time comes; and this is part of the space analysis and should be included in the workshop.  She added if the Board wanted to consider a special district perspective such as Merritt Island it could always bring that back for further discussion or go out to the community and ask. 

 

Mr. Broom noted the community built the first library and gave it over to the County; and now the community is asking for the Board’s help in expanding it. 

 

Commissioner Scarborough stated historically the County has looked to a County Library Board to make recommendations as to which libraries within the entire system should be funded as a system program.   

 

Brevard County Library Board Chair Pat Freeman advised the County Library Board unanimously approved the funding of a new Palm Bay library because it is desperately in need; the reasons are numerous; Palm Bay raised the funds to build the library and donated it to the County; and it is now up to the Board to assist in finding additional funds. 

 

Commissioner Scarborough noted funding is the Board’s problem; and he does not want for Palm Bay to make a special taxing district after the County Library Board has approved the funding.

 

Commissioner Colon stated she is in agreement with Commissioner Scarborough; Palm Bay has already done its share; that particular area cannot afford an increase; and the Board has been given advanced notice to ensure this can be included in the budget. 

 

Commissioner Pritchard advised when the Merritt Island District was formed it did not have a library; it built the library itself; the millage raised is only about $200,000 a year; and the only reason he brought it up is to show alternative funds for enhancements, not to construct a building.

 

Mr. Broom noted Palm Bay operates out of an 8,000-square foot building, but all the other libraries operate out of a 15,000-square foot building minimum.

 

 

 RESOLUTION,  RE:   COMMENDING  DR.  RICHARD  A.  DIPATRI  AS  2006  FLORIDA

 

Commissioner Colon read aloud a resolution commending Dr. DiPatri as “2006 Florida Superintendent of the Year.” 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt a Resolution recognizing Dr. Richard A. DiPatri for being selected as Florida’s Superintendent of the Year for 2006, and offered its appreciation for his dedication and contributions to the success and performance of Brevard County Schools.  Motion carried and ordered unanimously.                                                            

 

 

Commissioner Colon presented the Resolution to Dr. DiPatri, who commented on the great school district and the 10,000 employees that make Brevard schools the best in Florida.

 

 

 

Chair Voltz read aloud a resolution supporting the institution of marriage between one man and one woman; and passed the gavel to Vice Chair Carlson.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt a Resolution supporting the institution of marriage between one man and one woman, and recognizing the historical and cultural significance.  Motion carried and ordered unanimously. 

 

 

Vice Chair Carlson passed the gavel to Chair Voltz.  Chair Voltz presented the Resolution to State Chairman of Florida 4 Marriage John Stemburger and County Chairman Ty Eppling who commented on their appreciation; and noted for further information people could log onto www.florida4marriage.com.

 

 

 

Commissioner Carlson read aloud a resolution proclaiming the second Saturday in January as Martin Luther King, Jr. Memorial Breakfast Day.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt a Resolution proclaiming the second Saturday in January as Martin Luther King, Jr. Memorial Breakfast Day and urging all citizens to participate in its observance.  Motion carried and ordered unanimously.

 

 

Chairman of the Martin Luther King, Jr. Memorial Breakfast Day George Russell and Brevard Caribbean American Sports and Cultural Association (BCASCA) Representative Ella Austin accepted the Resolution; and expressed their appreciation.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt a Resolution recognizing Jason Andrew Lee for his accomplishment of Eagle Scout and recommending that the citizens of Brevard County acknowledge his outstanding achievements.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson noted she would be presenting the Resolution to Mr. Lee at a future date. 

 

 

 

Commissioner Colon read aloud a resolution recognizing and commending Thomas E. Redmond.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt a Resolution recognizing and commending Thomas E. Redmond for outstanding service and thanking him for his commitment and dedication to the citizens of Brevard County.  Motion carried and ordered unanimously.

 

 

Commissioner Colon presented Mr. Redmond the Resolution; with Mr. Redmond expressing his appreciation. 

 

 

 

North Brevard Heritage Foundation President Roz Foster advised of the donation of the remains of the Clifton School House from NASA and the donation of three Gibson Tenement Houses located across from the Titusville Courthouse from Astrid Gibson; stated they are very historic structures for the African American Communities of North Brevard County; the Foundation would like to save them; and the proposal is to restore the buildings as part of the Chain of Lakes Project to establish a historic park documenting the citrus industry.  She noted the preservation of the buildings will provide an important visual link to the rich history and heritage of the African American Communities of North Brevard County and provide future generations with tangible evidence of the past and the history of those who have paved the way to the future.  She requested the Board accept the two donations and aid the Foundation in the preservation. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept donation of the Gibson Tenement Houses from Astrid Gibson and Clifton School House from NASA; and authorize funding from the Chain of Lakes Referendum Fund to move and relocate the houses and school house to the Chain of Lakes Project.  Motion carried and ordered unanimously. 

 

Lockmar and Oakview Estates Homeowners Associations Representative John Studer expressed opposition to the proposed road due to traffic chaos and safety problems created so close to I-95. 

 

Commissioner Colon advised three municipalities and two Commission Districts are involved; meetings are being held with the different municipalities; and County staff is working hard on addressing all the issues.    

 

 

 

Eden Isles Homeowners Association President David Carbone advised he wanted to bring to the Board’s attention the hunting of water fowl on a small parcel of land between the Pineda Causeway and a residential area on South Tropical Trail; it is impossible to ensure bullets do not shoot across into the residential property; it is a matter of personal safety and public nuisance; and the area that surrounds the residential area is a designated conservation and preservation area.  He requested the Board’s assistance in having the land surrounding the Causeway declared a wildlife sanctuary or a critical wildlife area.  

 

Chair Voltz recommended he meet with Commissioner Carlson to address the issue.

 

 

 

Bette Danse expressed her appreciation to Commissioner Scarborough for his defense of two audience members at a previous meeting; and commented on the difference between defense and offense, naysayers, Chuck Nelson, and her hope for the election year to be one of progress.

 

 

The meeting recessed at 10:39 a.m. and reconvened at 10:51 a.m.

 

 

 

Bea Polk inquired if Commissioner Scarborough has any new information on Marina Park in Titusville; with Commissioner Scarborough replying the CRA will be addressing the viability of the Little League using the fields and the City will be addressing alternative uses for the Park this evening. 

 

 

Thelma Roper noted the Veteran’s Memorial Pier Committee has been re-established due to the damaged pier; and suggested re-establishing the Marina Park Committee to find alternative uses for the Park.

 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in The Savannahs, Phase II, as petitioned by Barry and Christine Taylor.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution vacating a portion of a public utility and drainage easement in The Savannahs, Phase II as petitioned by Barry A. and Christine M. Taylor.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Raintree-by-the-Lake, as petitioned by Stuart L. Andrews.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt a Resolution vacating a portion of a public utility and drainage easement in Raintree-by-the-Lake, as petitioned by Stuart L. Andrews.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating unimproved right-of-way in Indian River Groves and Gardens, as petitioned by Frances M. Baker.

 

There being no objection heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating unimproved right-of-way (Trimble Road) in Indian River Groves and Gardens, as petitioned by Frances M. Baker to the March 7, 2006 meeting.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance creating Leghorn and Pine Road Paving MSBU. 

 

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance creating the Leghorn Road and Pine Road Paving Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, Florida, entitled “Municipal Service Benefit Unit”, to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem  assessments within such improvement area; and providing an effective date.  Motion carried and ordered unanimously.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 34, Article II, Section 34-41(b) and (c), Art in Public Places Advisory Committee Membership and Terms of Appointment. 

 

There being no objection heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 34, Article II, Code of Ordinances of Brevard County, Florida, titled Art in Public Places, specifically amending Section 34-41 (b) and (c), establishing the membership and qualifications and terms of appointment of members of the Art in Public Places Advisory Committee; providing for severability and an effective date.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1835.4.5, and 62-1333, Definition of Fish Camp to Permit Accessory Restaurant Use.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1102 by amending the definition of “Fish Camp” to include restaurants as an accessory use; amending Section 62-1835.4.5 to add conditions for an accessory restaurant at a fish camp; amending Section 62-1333 by changing a fish camp from a permitted use to a permitted use with conditions in the AGR zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously. 

 

 

 PUBLIC HEARING, RE:  ORDINANCE CHAPTER 62,  SECTION 62-1901(f), CONDITIONAL

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, Section 62-1901(f), Conditional Use Permit Renewals.

 

There being no objection heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1901(f), to Provide for the Extension or Renewal of Expiring and Expired Conditional Use Permits; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.     

 

 

 

William Huminski, Bette Danse, Bea Polk, Thelma Roper, Maureen Rupe, and Jerry Wall commented on a return to civility and respect for both speakers and Commissioners, policing of verbal insults and rude behavior by members of the Commission, an opportunity for rebuttal after a Commissioner responds to comments, elimination of any links to personal websites, County websites limited to County business only, freedom of speech, and the encouragement of all viewpoints. 

 

Discussion ensued on an independent website for the public forum of County issues and the liabilities  associated  with  that,   personal   websites   being   separate  from  County  websites, defamatory statements about another person or personal attacks on morality or character posted on websites, participatory democracy, and causable action. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct that the spirit of participatory democracy, where other’s views can be expressed, should be encouraged on Commissioner’s websites, reflecting the philosophy outlined in the proposed rules of decorum for public comment, item 1.c.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 12:11 p.m. and reconvened at 1:16 p.m.

 

Mr. Robert Watts representing Energy Recovery Associates (ERA) advised he would like to address two issues raised by the Commissioners regarding the electric project he proposed at the last County Commissioner’s Meeting; one was whether or not ERA has the qualifications to develop an electric project as a gas purification project; although the staff does have qualifications in the electric project it decided to contact Cambridge Energy, one of the premiere landfill gas-to-energy developing companies in the country, to join in developing this project; and Mr. Williams from Cambrian Energy will be speaking next to answer any questions the Board may have.  He noted the other issue raised was whether or not ERA has the ability to perform because for the last four years it has tried to develop a project without any success; if the Board votes for ERA to continue, it is prepared to move ahead immediately on an electric project; it is committed to honoring the proposal it presented to the County; and it will give to the County 10% of all the fees from selling the electricity to Florida Power and Light as a royalty.  He stated in addition ERA will give to the County 50% of all the tax revenues when they are monetized and 50% of any renewable energy credits (RECS) resulting in approximately $750,000 a year; ERA will reimburse the County for the revenues it would have received had the company been able to complete last year’s project; the reimbursement figure is approximately $350,000; and ERA would pay a $100,000 payment immediately and the balance of $250,000 would come from the project financing as soon as it is finalized. 

 

Cambrian Energy Development, LLC President Evan Williams commented on the company’s 26 years of experience in the business, its technical expertise, and its willingness to team with ERA. 

 

Solid Waste Management Director Euri Rodriguez commented on the background of the project and noted the Board has four options. He advised one is to renegotiate with ERA; the second is to terminate the contract with ERA  and  piggyback  with  the  company  Seminole  County  uses

(Landfill Energy Systems, LES); the third is to go out for new RFP’s; and the fourth is to contract with Ameresco, which was the second choice on the original RFP. 

 

Commissioner Carlson inquired if there would be a potential income from LES; with Mr. Rodriguez responding approximately $400,000 to $700,000. 

 

Commissioner Carlson inquired what criteria did ERA not meet; with Mr. Rodriguez replying deadlines and a lack of financing. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Option 2, terminate the Contract with ERA and piggyback on Seminole County’s LFG-to-Energy Contract currently being negotiated with Landfill Energy Systems (LES); and authorize the Chair to execute a contract as necessary.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the recommendations of the Recycling Citizens Advisory Committee as follows:  (1) expand the used beverage container recycling program to all major County facilities; (2) institute used beverage container recycling at all County parks that sell beverages; and (3) send letters to all Brevard County municipalities requesting they institute beverage container recycling in their parks.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz read aloud a letter of support from Representative Thad Altman.

 

Gregory Cimaglia, Jane Cardenas, Irv Rashkover, Debra Allen, Constance Ortiz, Coleman Goatley, Shane Murray, Wendi M. Nolder, and Wendi Turman all spoke in support of the issue. 

 

Harold Bistline representing the Brevard County School Board and Director of School Choice Vicki Mace advised of their opposition.

 

Discussion ensued on the language in the application and Statute, SREF standards, planning, the success rate of charter schools, overcrowding, State mandates, developers paying a fair share, ramifications for other charter schools, and the need to work together.   

 

Commissioner Colon advised her son attends Odyssey Charter School, and she will abstain from voting. 

 

Motion by Commissioner Pritchard, seconded by Chair Voltz, to direct staff to initiate an Agreement, in accordance with Brevard County Code of Ordinances and Florida Statutes, Chapter 1002, with the landowners of Bayside Lakes to designate educational impact fee credits for Odyssey Charter School, contingent upon providing the County Attorney with proof of

meeting SREF standards.  Motion carried and ordered; Commissioner Scarborough voted nay and Commissioner Colon abstained.

 

 

The meeting recessed at 2:59 p.m. and reconvened at 3:12 p.m.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct the Financial Advisor, Bond Counsel, and staff to proceed with issuance of up to $36.2 million in Sales Tax Revenue Bonds, including preparing the Board Authorization Resolution, Preliminary Official Statement and related bond documents for the completion of Parks and Recreation Referendum Projects, including  approval of selecting Bond insurers, Registrar and Paying Agents, with all documents to be submitted to the Board for approval prior to the Notice of Sale being advertised.  Motion carried and ordered; Chair Voltz voted nay.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute a Disclaimer of Interest regarding the Conveyance of Right-of-way along Barnes Boulevard for Rockledge Aviation, Inc.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Quitclaim Deed from Randal W. Yates and Peggy Haden for Thompson Avenue right-of-way.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept Utility Easement from John A. Massaro and grant a waiver of Phase I Environmental Assessment for Pineda Springs.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to submit a grant proposal to the Florida Department of Agriculture and Consumer Services, Division of Forestry, for Florida Statewide Endangered and Threatened Plant Conservation Program.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant approval of a 60-day extension for the Landscape/Land Clearing/Tree Protection Task Force.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to recess as the Brevard County Board of County Commissioners.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to convene as the Governing Board of the Brevard County Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Florida Department of Environmental Protection Consent Order Modifications for site restoration services at former Mosquito Control District sites at Melbourne and Merritt Island Airports.  Motion carried and ordered unanimously.

 

 

 

Acting as the Governing Board of the Brevard County Mosquito Control District, motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to solicit bids and award bid to the lowest responsible bidder for hurricane damage repairs to the Valkaria Airport aircraft hangar; and authorized the Chair to execute any necessary contract(s) required for the completion of the project.  Motion carried and ordered unanimously.

 

 

Acting as the Governing Board of the Brevard County Mosquito Control District, motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to reject a high bid of $45,000 received in September 2005 for the 1961 Piper Aztec aircraft, #347-0018 and to re-bid the aircraft with a reduced minimum bid requirement of $40,000 and dispose of in accordance with Chapter 388.232, F.S., and if no county, district, governmental unit, or private nonprofit agency offers to purchase the aircraft, grant permission to offer and accept bids from the general public.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adjourn as the Governing Board of the Brevard County Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reconvene as the Brevard County Board of County Commissioners.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve granting the vested rights request of Jim and Judy Wheatley, as recommended by the Special Magistrate.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve granting the vested rights request of Bruce Crescini, as recommended by the Special Magistrate.  Motion carried and ordered unanimously.

 

 

Michael Renfro advised he is representing his father, Gene Renfro who is too ill to attend; Code Enforcement wants to cut down a significant portion of his Dad’s dock because it protrudes into part of a neighbors waterway; the dock is the same size as when Mr. Renfro bought the house in 1975; and requested the Board allow his father to keep the dock.

 

Lillian Banks commented on her support of the issue.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to reverse the decision of the Special Magistrate and approved the vested rights request of Gene and Ann Renfro.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the list of candidates to perform Special Magistrate services for resolution of Code, Contractor Licensing, nuisance abatement, and vested rights issues; accept the recommendations of the Selection Committee; and authorize the Chair to execute contracts with Stewart Capps and Lawrence Johnston.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough stated the average wage is $28,080 a year for the employees of Atlantic Cabinets of Brevard, Inc.; the current average wage for Brevard County’s tax abatement program is $34,607; and he will not be supporting the item.

 

Greg Lugar advised the Economic Development Commission (EDC) recommended approval because the company is creating 40 jobs and making an investment of over $2 million. 

 

Discussion ensued on the topic. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution approving a tax abatement application of Atlantic Cabinets of Brevard, Inc.  Motion carried and ordered; Commissioner Scarborough voted nay.

 

 

President/Owner of Designer’s Choice Cabinetry, Inc, (f/k/a Atlantic Cabinets of Brevard, Inc.) Jim Murfin commented on the pay scale, the full benefits he offers to employees, and his expansion plans. 

 

Commissioner Scarborough stated he would like to amend his vote and vote in support of the tax abatement.

 

 

County Manager Peggy Busacca advised Mr. Pine is not present; and he is requesting thirty minutes on the January 24, 2006 Agenda to make a presentation to the Board regarding meeting decorum, current status of the law on free speech, and preservation of free speech.  Commissioner Scarborough stated he would like to make a motion to allow Walter Pine thirty minutes to share with the Board his research.  Motion died for lack of second.

 

Commissioner Carlson recommended Mr. Pine submit his information to the Board and place the item on the Agenda under New Business for discussion.

 

   

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive educational impact fee for Richard Woodling for construction of a home at 2005 Vally Road in Valkaria.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Chair Voltz, to appoint Attorney John Soileau to serve as Special Magistrate for the Section 70.51, Florida Statutes, Dispute Resolution proceeding initiated by Vero-Pittsburgh Partners, LLC.  Motion carried and ordered unanimously.

 

 

 

Michael Cheatham advised due to engineering and plan issues and miscommunication with the Town of Malabar, he was unable to get his building permit in on time for the educational impact fee exemption; and requested reimbursement since all of the other requirements had been met.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve reimbursement of educational impact fees to Michael Cheatham and John Shaughnessy for property at 2675 Waring Lane in Malabar.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize advertising and scheduling an Executive Session for January 24, 2006 at 11:30 a.m. or as soon thereafter as possible, to discuss strategy related to litigation with regard to the Desiree Webber and Dianne M. Cullen vs. Brevard County lawsuit.  Motion carried and ordered unanimously.

 

 

 

The Board reached consensus to deny the request for $5,000 to retain a lobbyist to represent a Charter County Coalition to oppose the Florida League of Cities’ effort to preempt charter county authority. 

 

 

County Manager Peggy Busacca suggested including a time certain in the letter to Valkaria regarding the master plan discussion on January 24, 2006. 

 

The Board reached consensus to include in bold, in the first paragraph of the letter, that the meeting will be January 24, 2006 at 1:30 p.m. and to change the word “would” in line 5 paragraph 2 to “may.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 4:02 p.m.

 

 

 

 

Attest:

 

 

                                                                                   ______________________________

                                                                                    HELEN VOLTZ, CHAIR

__________________________                                BOARD OF COUNTY COMMISSIONERS

SCOTT ELLIS, CLERK                                                BREVARD COUNTY, FLORIDA

 

 

 

          (S E A L)