MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 17, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 17, 2008 at 9:10 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Helen Voltz, Mary Bolin, Chuck Nelson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  

 

 

The Invocation was given by Commissioner Helen Voltz, District 3

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the September 9, 2008 Special Minutes.

 

 

 

Commissioner Colon read aloud a resolution commending Congressman Dave Weldon.

 

Motion by Commissioner Colon, seconded by Commissioner Nelson, to adopt Resolution commending U.S. Congressman Dave Weldon for his commitment and dedication to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Congressman Dave Weldon expressed appreciation to the Board for the Resolution.  He stated it has been a pleasure to work with the Board over the years on a number of important issues in Brevard County that have been both federal issues and local issues, such as responding to several hurricanes, highway issues, and beach renourishment; and he and his staff has enjoyed working with the Board and its staffs over the years. 

 

Chairman Scarborough stated through the guidance of Congressman Weldon, the Board has made some wise decisions; Congressman Weldon has the capacity to see things in a global perspective; and what happens on the Space Coast is impacted with its relationships with Russia and China. 

 

 

 

Commissioner Nelson read aloud a resolution welcoming Robert D. Cabana to Brevard County and wishing him well as he begins Directorship at NASA’s Kennedy Space Center.  

 

Robert Cabana expressed appreciation to the Board for the Resolution; stated it is an honor to be the Director at Kennedy Space Center; and NASA and the Kennedy Space Center is blessed to have such a talented and dedicated workforce.  He stated he looks forward to a close relationship with the Board, as most of the Kennedy Space Center workforce lives in Brevard County; and if the people are taken care of, then everything works out well. 

 

 

Commissioner Bolin read aloud resolutions expressing appreciation to Frank DiBello, Marshall Heard, Lee Solid, and Conrad Nagel.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolutions expressing appreciation to Frank DiBello, Marshall Heard, Lee Solid, and Conrad Nagel for their untiring and dedicated service to the citizens of Brevard County and the National Space Program.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated Brevard County is blessed to have Frank DiBello, Marshall Heard, Lee Solid and Conrad Nagel; these gentlemen know what they are talking about; and they represent the County well at the highest levels of industry and government.

 

 

 

Chairman Scarborough advised Commissioners-Elect Andy Anderson and Robin Fisher are in the audience. 

 

 

 

Chairman Scarborough advised Commissioner Nelson has to be excused, as he has been assigned to the Election Canvassing Board.  Commissioner Nelson noted the State has implemented a new audit process for elections because the electronic machines cannot be trusted and now there has to be a paper count audit, which is a requirement.  He stated if it is okay with the Board there are some items on the Agenda he would like to move to the end of the meeting.  He stated he would like Items VIII.A.1. and VIII.A.2 held until the end of the meeting; and he would like to table VIII.A.6., to the next meeting to give him time to look into the issue.  He noted he also has some comments on VII.A.1. as it relates to the Unpaved Road Agreement.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to table Item VIII.A.6., Appeal Denial of Sign Permit for Destiny Christian Church to the December 2, 2008 meeting. Motion carried and ordered unanimously.

 

 

Cindy Kelley, SCAF President, expressed appreciation to the Board for its continued support of the Space Coast Arts Festival; and she displayed the Festival’s winning design for 2008, which was done by a local artist.  She stated the Space Coast Art Festival is a 100 percent volunteer organization made up of citizens throughout Brevard County; and it kicks off on Thursday morning, Thanksgiving morning, at 7:30 a.m. with a 5k race; Friday evening will be a judges reception, which the Board is invited to attend; after the reception there will be a street party in downtown Cocoa Beach; and Saturday’s show will begin at 9:00 a.m. and feature a student art show made up of hundreds of students throughout all of Brevard County. 

 

 

Commissioner Bolin read aloud a resolution proclaiming November 21 through 27, 2008 as National Farm-City Week in Brevard County. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution proclaiming November 21 – 27, 2008 as National Farm-City Week and calling upon citizens in rural and urban areas to acknowledge and celebrate the achievement of all those who, working together, produce and supply our community and nation with an abundance of agricultural products.  Motion carried and ordered unanimously. 

 

 

Tom Schuller, President, Brevard County Farm Bureau, expressed appreciation to the Board for the Resolution; stated it is nice for the Board to remind everyone what an important economic engine agriculture is, not only in the State, but in Brevard County; and the Brevard County Farm Bureau is sponsoring an agricultural awareness tour on Friday and the current Board along with the newly elected Commissioners to take the tour, as it will give everyone a better understanding of the agricultural issues that directly affect Brevard County. 

 

Jim Fletcher, Agriculture and Extension Services Office Director, stated he appreciates the Board’s support.  He stated he understands there are issues with the economy, but the Orlando Region is the No. 2 agriculture producing region in the state of Florida; it employs over 175,000 people; directly in Brevard County it is a $110 million industry; and over 30 percent of Brevard County lands are agricultural. 

 

 

Commissioner Voltz read aloud a resolution supporting the Central Florida Commuter Rail Project.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution supporting the Central Florida Commuter Rail Project and requesting the Florida Legislature to approve fair and reasonable insurance provisions for the Central Florida Commuter Rail Project as recommended by the Florida Department of Transportation and consistent with the provisions of the Interlocal Agreement; and authorize the Chairman, or designee, to join in efforts with other local governments throughout Central Florida to support the Metropolitan Orlando Board in making the project a reality.  Motion carried and ordered unanimously.

 

 

Commissioner Colon read aloud a resolution recognizing Jacob V. Stuart.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution of appreciation for Jacob V. Stuart for his outstanding leadership and cooperation with Brevard County.  Motion carried and ordered unanimously. 

 

 

Jacob Stuart expressed appreciation to the Board for the Resolution; and he looks forward to working with the Board in the future.

 

Commissioner Voltz stated she would like Mr. Stuart to contact Commissioner Elect Andy Anderson, as she would like him to be the next person on the board, if the Board so chooses.  Chairman Scarborough stated he would also like Mr. Stuart to meet with Commissioner Elect Robin Fisher.

 

 

 

Commissioner Bolin read aloud a resolution recognizing Tax Collector James Roderick “Rod” Northcutt.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Rod Northcutt and expressing its appreciation for his dedicated service to Brevard County and its citizens, and extending its best wishes for good health and happiness, during his retirement.  Motion carried and ordered unanimously. 

 

 

Tax Collector Rod Northcutt stated it has been an honor to serve in the Tax Collector’s Office for 39 years and to work with a great staff such as Gail Farmer and Joe Milliken, who are also being  honored  today.   He  noted  Mr.  Milliken   could   not   be  present; and Ms. Farmer is an innovator and she will be missed.  He stated it has been great working with each of the Commissioners; and County Manager Peggy Busacca has been a great help to his office and he wishes her the best.

 

 

 

Commissioner Voltz read aloud a resolution recognizing C. Joseph Milliken, III.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing C. Joseph Milliken, III and express its appreciation for his dedicated service to Brevard County and its citizens, and extend its best wishes for good health and happiness, during his retirement.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough read aloud a resolution recognizing Virginia Gail Farmer.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing Gail Farmer and express its appreciation for her dedicated service to Brevard County and its citizens, and extend its best wishes for good health and happiness, during her retirement.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Michael Patrick Lee.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Michael Patrick Lee for his accomplishment as an Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Michael Patrick Lee expressed appreciation to the Board for the Resolution and to Commissioner Bolin for attending the ceremony yesterday. 

 

 

 

County Manager Peggy Busacca advised there are two items in error on the Consent Agenda and should be New Business Items and they are III.A.11. and III.A.12. 

 

Commissioner Voltz stated she would like to pull Item III.C.7. for discussion.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve extensions for the Landscape/Land Clearing/Tree Protection Task Force & Surface Water Working Group. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Legislative intent and grant permission to advertise for amendment to Chapter 62, Article X, Division 5, entitled Floodplain Protection.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Legislative intent and grant permission to advertise changes to Chapter 62, Article IX, Signs.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the project funding recommendations as prepared by the Correctional Facilities Impact Fee Technical Advisory Committee; and authorize the Budget Office to execute any budget changes required to implement the project appropriation.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Sanitary Sewer Line Easement from Riverside National Bank of Florida.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Sanitary Sewer Line Easement from OSM-1, LLC.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Sidewalk Easement from the Diocese of Orlando.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to enter into a lease/purchase agreement with Maudlin International Trucks, Inc., utilizing the Florida Sheriff’s Association Bid #08-16-0908 for a period of 24 months for a 2009 International 4300M7 SBA 4x2 flatbed dump truck; and authorize any necessary budget change requests.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and grant permission for the Chairman to execute the Right-of-Way Use Agreement with the Rockledge Fiske Apartments, LLC for maintenance of landscaping and irrigation improvements along the public road right-of-way known as Tuckaway Drive in Tuckaway Lake Estates Subdivision in Rockledge.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission for Road and Bridge to utilize the City of St. Petersburg contract (Engineering Project No. 06041-111) for CIPP Lining Services with Reynolds Inliner, LLC for installation of Cured-In-Place-Pipe (CIPP) for the Palm Boulevard Storm Drain Reconstruction Project located on Merritt Island in District 2.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Supplemental Amendment No. 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for landscape improvements on State Road 3.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairman to execute the Contract for Sale and Purchase, Addendum, and Bill of Sale for a fee parcel number (131) and a temporary construction easement (734) for the Barnes Boulevard Road Widening Project in Section 21, Township 25 South, Range 36 East, Brevard County, Florida; and waive the required Phase 1 environmental assessment.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the standardized Recreation Partner Agreement; authorize the Parks and Recreation Director, or designee, to execute the Agreements on behalf of the Board; and authorize the Department to include in the Agreement any future Board approved contract clauses.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant Transit Services permission to purchase three (3), Low Floor, Medium Duty Buses off the Florida Vehicle Procurement Program contract in the amount no greater than $520,000 utilizing Federal Transit Capital Funds.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation (FDOT) for $350,000 to provide Commuter Assistance Program service from the date of execution through September 30, 2010; and authorize the Chairman to execute any Amendments or Addendums contingent upon County Attorney and Risk Manager approval.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve an open purchase order with the Brevard Cultural Alliance in the amount of $150,000.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-75, County Vehicle Fleet Management.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reject the sole bid received from HM2 Mechanical and Specialty Contractors for Bid # B-3-08-88, Replacement of Underground Piping at County Service Complex in Titusville; and authorize staff to re-solicit and award bids under revised specifications.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve staff review and revision of Board Policy BCC-26, Acquisition of Consultant Professional Services.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to reject all bids received from Invitation to Bid #B-5-09-07 for Countywide Postal and Courier Services for the Facilities Department; authorize staff to re-solicit bids under revised specifications and scope of work; authorize the Chairman to execute the Contract; and approve continuation of services with current Contractor, RC Tech, Inc., until new contract can be re-bid and awarded.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a proposal to pay off the remaining balance of three commercial paper loans maturing December 2, 2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve proceeding with solicitation of construction services for Phase III of the Brevard County Detention Center Renovations, based on the most viable and economically feasible methodology; authorize the continued use of Architects in Association Rood & Zwick, Inc. for design services under the continuing architectural/engineering services contract; authorize all necessary budget actions to recognize impact fee proceeds and other project funding required for the project; and authorize the issuance of a bid or request for proposals for the jail roof replacement/repair if funding is available upon completion of the phase III Renovation Project.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continuing Board Policy BCC-15, HIPAA Privacy  Policy.   Motion  carried  and  ordered  unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve modifications to Brevard County Policy BCC-12, Rehabilitative Employment Services.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize Brevard County Judges’ participation in County sponsored basic life insurance programs in accordance with the Laws of Florida and Brevard County Code.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the use of $90,000 of State Forfeiture Funds for the acquisition of new electronic  and computer equipment for the Criminal Investigation Division; and authorize any necessary budget amendments. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Bills and Budget changes.  Motion carried and ordered unanimously.

 

 

 

Mark Ryan, City of Titusville Manager, stated he would like to commend Chairman Scarborough, Commissioner Voltz, and Commissioner Colon for their service to Brevard County. 

 

 

 

County Manager Peggy Busacca stated on behalf of the staff she would like to thank the entire Board, but especially the three Commissioners who are leaving; stated staff cannot do what it does without the leadership, vision, enthusiasm, patience, encouragement and humor that the Commissioners bring to the Board; and it has been a pleasure and an honor to work with the Commissioners on behalf of all 2,900 employees. 

 

Chairman Scarborough stated if not for the guidance and council from Ms. Busacca and her staff there would be nothing happening; and it is amazing the depth of competency and diversity of staff.  He stated he would like to applaud Ms. Busacca and the employees from the Board. 

 

County Attorney Scott Knox stated on behalf of the County Attorney’s Office he would like to echo Ms. Busacca’s sentiments and he has enjoyed working with each of the Commissioners.

 

 

 

Rick Enos, Zoning Manager, stated staff has come up with a couple of different things that can be done with riverfront height; the main issue is height in an area that has a low intensity of development; and he would suggest the Board amend the Code to limit permitted additional building height in low-intensity areas based upon the area’s Comprehensive Plan residential density designation and not just the properties abutting zoning as it is now.  He stated right now there is a height exemption for the first level of parking; typically that is 10 feet; and the Board may want to limit it to just the first 10 feet because in certain circumstances it can be a lot higher than that.  He stated he would like to request direction from the Board to proceed with an ordinance on those two items. 

 

Commissioner Voltz stated if the Board gives staff permission to advertise, it is just allowing the next Board to look at that issue.  Mr. Enos stated  the Board can direct staff to advertise or bring it back as Legislative intent.  Commissioner Voltz inquired which would come first; with Mr. Enos responding the Legislative intent.  Commissioner Voltz stated by directing staff to prepare legislative intent it gives the new Board a chance to look at things. 

 

Motion by Commissioner Voltz to direct staff to prepare legislative intent for maximum building height on the riverfront.  Motion died for lack of a second. 

 

 

Chairman Scarborough stated he is concerned about moving forward with something the new Board may want to deal with; he sees nothing wrong with it himself; but he would like the new Board to make those decisions. 

 

 

 

Commissioner Voltz stated she would like to thank County staff; stated she would like to thank her aide, Susan Yonce, who has been a blessing to her office over the last two months; and she would like to thank Sharon, who also works in her office.  She stated she would also like to thank Jan Conrad who went to work for Commissioner Bolin. 

 

 

 

Commissioner Bolin advised she was able to attend the Library Foundation event; there was a jewelry silent auction; and the event was well supported.

 

 

 

Chairman Scarborough stated at the last zoning meeting the Board approved travel to get Commissioners-Elect Robin Fisher and Andy Anderson to Washington D.C.; and Colorado is also a place Commissioners need to be sent.  He stated Commissioner-Elect Anderson worked at the Space Center; and he is keen in getting involved. 

 

Motion by Chairman Scarborough, seconded by Commissioner Colon, to authorize each Commissioner for all possible travel to affect a dynamic role in the transition into space. 

 

 

Commissioner Voltz stated the Board did not want to make a decision on riverfront building height, which would not have involved spending any money; but approving travel is spending money; and the next Board needs to make the decisions on which Commissioner goes where. 

 

Commissioner Colon stated the Board wants to make sure the new Commissioners hit the ground running; and she believes this was discussed in the past. 

 

Commissioner Bolin called for a vote on the motion and it passed unanimously. 

 

 

 

Michael Zocchi, President, Brevard County Professional Firefighters, stated he would like to recognize the three outgoing Commissioners and thank them on behalf of the Brevard County Professional Firefighters for faithfully serving the community for so many years.  He stated all of the Commissioners have faced many challenges in their time as Commissioners; the County has been hit with a recession, unfunded State mandates, a housing bubble burst, and a constant need to catch up with past growth while trying to shore up the aging infrastructure.  He stated the community has not seen times like these since the Apollo Program ended in the 1970’s; and as Commissioners, the Board met the challenges head-on with the toughest critics watching its every move.  He presented the outgoing Commissioners with plaques on behalf of the Brevard County Professional Firefighters. 

 

Commissioner’s Colon, Voltz, and Scarborough expressed appreciation to Mr. Zocchi and the Professional Firefighters.  Commissioner Colon stated the first responders are her heroes and it means a lot to her to be given the plaque. 

 

 

Ken York stated he is with the York Financial Group; he would like to comment on the $5.3 million in Neighborhood Stabilization Funds recently awarded to the County; the funds are part of last July’s Housing and Economic Recovery Act through the Department of Housing and Urban Development as an Emergency Community Development Block Grant.  He noted on October 6, HUD released notice of all the regulations and requirements surrounding the funds; in the short time since, local staff created the NSP substantial amendment to the existing in record time in order to send a final draft to HUD for approval by December 1^st.  He stated he applauds the efforts of the Brevard County Housing and Human Services Department to get the amendment out so quickly; and he would like to recommend the Board approve the amendment as is so that local staff can start with a tactical plan to help neighborhoods as soon as possible.  He stated staff has a daunting task ahead; he has spoken to numerous Board’s, Commissions, and HUD leaders at every level; and the general consensus is getting the money is great, but everybody has their hands full.  He advised there is a compressed timeline, heavy regulation, vigilance towards opportunistic types who may abuse access to free money, and the list goes on. 

 

County Manager Peggy Busacca advised the item is scheduled for the November 25, 2008 Board meeting.  Chairman Scarborough stated the new Board will need to hear Mr. York’s presentation on November 25^th. 

 

*The Board recessed at 10:29 a.m. and reconvened at 10:42 a.m.

 

 

Chairman Scarborough read aloud a resolution expressing appreciation to U.S. Representative Tom Feeney.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution of appreciation to U.S. Representative Tom Feeney for his dedication and tireless efforts on behalf of the citizens of Brevard   County.    Motion  carried  and  ordered  unanimously.    

 

 

U.S. Representative Tom Feeney expressed appreciation to the Board for the Resolution; stated it has been an honor of a lifetime to represent Brevard County and Kennedy Space Center in Washington, D.C.; and his wife has worked at the Kennedy Space Center for 23 years.  He stated he has a great staff that has always been the backbone of any success he has had; but he is also proud of the teamwork throughout Brevard County and led by the Board regarding the Space Center and the Shuttle retirement; and hopefully the Shuttle will be able fly beyond the original retirement date of 2010. 

 

 

 

Frank Abbate, Human Resources Director, stated the item is a return to language that existed prior to October 1, 2008; the Board had revised the Merit System language dealing with Leave and payout of Leave; the provision that was approved was to enhance retirement benefits that is not permissible under FRS the conversion of Sick Leave to Annual Leave; and the item returns the language as it existed prior to October 1, 2008, consistent with the Florida Retirement System requirements. 

 

Commissioner Voltz inquired if Mr. Abbate was unaware when the Board approved it that it was not legal under FRS.  Mr. Abbate replied staff was not aware of it; FRS did an audit in Broward County, which had similar language; and now that he is aware, he is back before the Board to be directed to change the language back to the way it was. 

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to approve revisions to Merit System Policy IX, Leave to retract recent revision made to the Leave Policy to mirror the language relating to sick leave in the collective bargaining agreements.  Motion carried and ordered unanimously.

 

 

Assistant County Manager Mel Scott advised in March 2008 the Board directed staff to prepare amendments to the Unpaved Road Ordinance; that was in response to citizens approaching the Board with a  recognition of a long-standing policy  wherein they could be living along a dirt road in West Canaveral Groves and someone could construct a home and enter into an Unpaved Road Agreement County Policy; and by virtue of that Policy over time translating to the possibility of at least 50 percent of the lots along that road that had entered into an unpaved road agreement would then trigger the establishment of an MSTU.  He stated the concern of residents in West Canaveral Groves, which they shared with the Board and the Board acted on, was that they could be under the guise of an MSBU assessment without having originally understood that that possibility existed at the time they built their house; and they were opposed to the notion of having to ultimately pay for the paving of a road at a time when they had originally located, perhaps, where that possibility did not exist.  He stated staff proceeded through the process that brings the issue to this public hearing wherein two things are proposed; staff proposes to increase property owner notification regarding all aspects of the unpaved road agreement and the implications that it possesses as it relates to the ultimate establishment of an MSTU to pave that road once 50 percent of the lots are built upon; and also proposed is exemption of those existing homesteaded properties from the future assessment.  He stated the Local Planning Agency voted to approve the notification process, but did not vote in favor of the exemption; the new ordinance proposes a compromised provision be inserted which does not exempt forever those existing homesteaded properties, but would reimburse those properties that paid for the paving of that road at the time that the exempt house was sold and conveyed; and that was something that brought the issue more to the center.  He noted there are still some people who are not in favor of the deferred payment, but it is still a proposal that continues to receive favor regarding the properties that are there right now and does in fact have a provision in which the County Attorney’s Office also suggests makes it better able to sustain challenges in the future because it is no longer proposing that a benefit would be received and never be paid for; the benefit would be received but payment would be deferred until such time as the property appreciation, which occurs as a result of the paving, is actually realized by virtue of the sale of that property; and those funds are then taken to that property. 

 

Len Beckett stated he would like to urge the Board to pass the proposed ordinance as presented; the residents have been back and forth compromising; and he feels it is as fair as it can get and keeps both sides in mind.

 

Jerry Wall stated he appreciates everything the Board has done in representing his community and Brevard County; and he supports the proposed ordinance. 

 

Commissioner Voltz inquired if Mr. Scott said that the road is going to be paved and those people who have already paid are going to be paid back from new residents because they are going to pay for the whole road.  Mr. Scott replied the proposed ordinance recognizes the potential that there may be a couple of homes that would be exempt from participating in the MSBU; and instead of having those exempt properties not paid back ever, those people that are participating to pave that road, that those people would get paid back from the exempt properties at the time those exempt properties are sold, so there is a payback provision now in the proposed ordinance.  Commissioner Voltz inquired what if the people who are to be paid back no longer live there; with Mr. Scott responding it goes to the property.  Mr. Scott stated there are many things that occur in neighborhoods that affect property values; instead of trying to track down former owners,  it would  stay with  the house;  and  if the owner does  not still live there, they do not see the money.  Commissioner Voltz inquired if the owners will get money back; with Mr. Scott responding the properties that participated in the MSBU will be reimbursed for any dollars that they may have paid to cover the costs of the exempt properties; and those properties will be reimbursed at the time that the exempt properties are sold.  Commissioner Voltz stated it will go to whoever lives there at the time; with Mr. Scott responding that is correct.

 

County Attorney Scott Knox stated presumably the person who is selling the house will adjust the sale price.

 

There being no further comments or objections, motion was made by Commissioner Bolin, seconded by Commissioner Colon, to adopt Ordinance amending Subsection 62-102(b)(2)(C) of the Code of Ordinances of Brevard County, Florida pertaining to Unpaved Road Agreements; providing for conditions applicable to the County’s acceptance of offered dedication or conveyance of rights-of-way required for the approval of unpaved roads; establishing a special assessment procedure for paving of unpaved road upon issuance of a specified percentage of building permits to abutting lots; providing for special assessment collection methods; providing for severability; providing for an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider ordinance proposing amendments to Ordinance No. 38-8, County Alcohol and Other Drug Abuse Trust Fund.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance amending and substantially revising Brevard County Code, Chapter 38, Section 38-8, County Alcohol and Other Drug Abuse Trust Fund; providing for conflicting provisions; providing for severability; providing or area encompassed; and providing for   an   effective   date.    Motion   carried   and   ordered   unanimously.   

 

 

 

Chairman Scarborough called for the public hearing to consider ordinance proposing amendment to Article VI, Chapter 22, Contractors. 

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Ordinance specifically amending Chapter 22, Article VI, Code of Ordinances of Brevard County, Florida, specifically amending Section 22-478, Exemptions, by adding a section to comply with a Florida Legislature provision exempting from local licensure certain specialty trades;  specifically  amending Section 22-522, Application Requirements; Fee, requiring credit reports for applicants making initial local licensing application, reinstatement, or a change of status application; adding a provision permitting the Contractor Licensing Board to adopt rules related to an applicant’s financial responsibility; adding a provision requiring applicants for local licensure provide criminal background checks, and omitting a provision which disqualifies an applicant from local licensure solely because of a felony conviction; specifically amending Section 22-523 providing for clarification of Contractors’ Licensing Board authority to disqualify applicant based on requirement of good moral character; and specifically amending Section 22-535, disciplinary proceedings, providing a time period in which to file complaints, for settlement agreements, and for a special magistrate process in disciplinary proceedings; providing for severability; providing for codification and renumbering; providing for conflicting provisions; providing for area encompassed; and providing for effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider ordinance creating Conditional Use Permit (CUP) for private docks.

 

Melissa Thorn stated she represents the property owners at 2890 Riverside Drive; they have the property in Indialantic that had a residential dock that has been in existence for 23 years; it was properly permitted; the Code provided that there could not be a dock without a primary structure; and the proposed ordinance would be a solution to the problem in which Code Enforcement cited this particular property owner and directed them to remove the dock.  She stated it is her understanding that the ordinance would allow property owners to apply for a Conditional Use Permit for a dock and allow them to continue to maintain a residential dock that has been in existence for 23 years; and with that, she and her clients are in support of the ordinance.

 

Rick Enos, Zoning Manager, stated it is correct that the ordinance is written in such a way that certain existing dock owners could ask for waivers for some of the provisions; the property owner could qualify for the waivers and bring forward a request for a CUP. 

 

Maureen Gotay stated she has owned her residence and dock for seven years; the dock has been in existence for 25 years or more; and she is in support of the proposed ordinance.

 

Bill Altonaga stated he is in support of the proposed ordinance.

 

Alan Harbach stated he purchased his property 20 years after his dock was built; and he would like to urge the Board to approve the proposed ordinance as written, as it will solve a lot of problems in his subdivision. 

 

Hank Saunders stated he hopes the Board supports the ordinance; stated Mr. Enos has done a great job; and the ordinance is well crafted, as the County still stays in control of permitting; and he urges the Board to support it.

 

Andy Barclay stated would like to urge the Board to pass the ordinance.

 

Abby Barclay stated she would like to thank the Board for working with property owners to get the issue resolved; and she would like to urge the Board to pass the ordinance. 

 

There being no further comments or objections, motion was made by Commissioner Bolin, seconded by Chairman Scarborough, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; creating Section 62-1943.3 to establish a Conditional Use Permit for private boat docks; 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. 

 

 

Chairman Scarborough called for the public hearing to consider ordinance repealing Sections 18-81, 18-82, 18-83 and 18-84, and amending Sections 18-36, 18-37, and 18-38 of the Brevard County Code of Ordinances, Rules and Regulations of Valkaria Airport. 

 

County Manager Peggy Busacca advised she has given the Board a copy of an email she received this morning relating to the Item. 

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance amending Section 18-36 of the Code of Ordinances of Brevard County providing for definitions relating to Valkaria Airport; amending Section 18-37 of the Code of Ordinances of Brevard County relating to the Valkaria Airport Manager; amending Section 18-38 of the Code of Ordinances of Brevard County relating to the ownership of Valkaria Airport and proprietary rights of Brevard County; repealing Sections 18-81, 18-82, 18-83 and 18-84 of the Code of Ordinances of Brevard County, Florida relating to rule and regulations for Valkaria Airport; providing for conflicting provisions, severability, and inclusion in Code; and providing for an effective date.  Motion carried and ordered unanimously. 

 

  

Chairman Scarborough stated the Board wanted the item to come back before it to fine tune the language in the resolution.  He stated it is his understanding that the neighbors have agreed on additional wording. 

 

Jerry Spangler stated the neighbors are 100 percent in support of the Board adopting the item with the addition of four words, which he has shared with County Attorney Scott Knox; and the neighbors would like paragraph 5(b) to read that it be limited to and discontinue. 

 

Ann Bergquist expressed appreciation to the Board and especially Chairman Scarborough.  She stated she hopes the Board adopts the proposed resolution so that the neighborhood can be peaceful again.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt revised Resolution incorporating direction given by the Board at the October 28, 2008 meeting and changes requested by affected property owners.  Motion carried and ordered unanimously. 

 

 

 

Victor Brungart stated the Florida TODAY reported the Board may vote today on $350,000 per audit for the 2008, 2009, and 2010 fiscal years; and stated the Board should table the item until tomorrow.  He stated the article noted the County’s Selection Committee ranked Cherry Bekaert and Holland, which is a regional corporation in five states with 25,000 clients, as the No. 1 choice for the job out of six candidates.  He stated he researched the firm and found out they have government contracting representing the fastest growing industry niche in the country; and Cherry Bekaert and Holland will use Wayne Cooper, from Whittaker Financial Group, to do some of the subcontracting.  He stated it would be a good idea to let the next Commission make the decision.

 

Wayne Cooper stated he agrees with Mr. Brungart; he realized when the Board voted on it at the last meeting, he was not given an opportunity to speak; and two meetings ago there were some comments made that he would like to rebut.  He stated the Whittaker Cooper Financial Group was started in 1984 by Ken Whittaker; the firm has been in the same Commissioner’s District for 24 years; and that Commissioner had said she had never heard of Whittaker Financial Group.  He commented on the many charities Whittaker Financial Group contributes to over the year.  He stated there were some words used at a previous meeting about Whittaker Financial Group’s relationship with Cherry Bekaert and Holland; his firm does not subcontract with Cherry Bekaert and Holland, but is a partner; and he has a long relationship with Cherry Bekaert and Holland and have worked closely together for many years.  He stated the taxpayers of Brevard County are entitled to true accountability of where their tax dollars are being spent.

 

Commissioner Voltz inquired if Mr. Cooper had an opportunity to speak at a Workshop; with Mr. Cooper responding, no, he did not.  Chairman Scarborough stated he did recognize someone although the discussion was closed.  Mr. Cooper stated he had left the Workshop because if he had spoke, the Board would have had him arrested.  Commissioner Voltz stated someone had a

chance to speak, but she does not remember who it was.  Mr. Cooper stated that person spoke after the vote was taken. 

 

Ron Conrad, Cherry Bekaert and Holland, stated he would like to give some background on the protest that his firm filed; three years ago the County went out for bid and had one proposal, which was Berman Hopkins; when in the pre-proposal conference for this opportunity there was a question posed as to if there was a local preference; and the answer was provided in writing and stated there is no local preference.  He stated as a result of that, six accounting firms provided proposals in the process; there was a competitive process as a result of the response to the question.  He stated six firms proposed and gave oral presentations; a Selection Committee was set up of qualified people who listened to all of the presentations and read the proposals; and as a result of that, his firm was provided a landslide No. 1 vote in the process.  He stated at the end of all of that, it was discarded; in the end it was all about local presence; and as a result, his firm filed a protest letter.  He noted Berman Hopkins has been providing auditing services to Brevard County since 1978, which is a long time; there was a study done in 2007 in which there were 222 responses from Finance Directors in the State that went to the Auditor General Records and looked for a specific study regarding auditing rotation and changing auditors periodically; and when the study came out it said there were more deficiencies in government entities that do not change auditors. 

 

Chairman Scarborough stated himself and Commissioner Colon had some concerns; when the Board goes to the Competitive Negotiation Process, it looks not at price but at qualifications; and the Board had designated a process for that.  He stated there were some questions as to if the process was correct; it came back to the Board and the Board said it would use the process that it had; and it came back to the Board again, and at that particular moment the Board began to take the position that it was making the decision.  He stated having sat in the process of selecting somebody to do professional work, whether it be an auditor or A&E firm, it is an extensive process requiring more than what the Board received; and he was concerned about weighing in at that particular moment without having the benefit of having the full discussion, and he offered to the Board the possibility of bringing the entire process back and let the Board make the decision.  He stated since the Board has not done that it is dangerous for it to come in with this; maybe it is a benefit to have someone local; maybe it is a benefit to have a change in auditors from time to time; but it is only one factor in multiple factors; and the Board has not had the benefit to know where to go.  He advised he has difficulty in overruling the Selection Committee; unless Commissioner Colon changes her vote the Board will be at an impasse and cannot vote on it until Commissioner Nelson can join the Commission again later this afternoon.

 

Commissioner Colon stated out of respect for Commissioner Nelson, the Board needs to make sure he is present for the vote.

 

Chairman Scarborough stated the Board will defer the item to later in the meeting.  He stated there was a split vote when the Board decided to send it back to the negotiating committee, rejecting No. 1 and sending it back; and Commissioner Nelson, Commissioner Bolin, and Commissioner Voltz voted in favor of doing that; but himself and Commissioner Colon did not want to deviate from the Selection Committee’s decision.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution adopting Findings of Fact for denial of request to amend Zoning Regulations to add Private Heliports as Conditional Use in SEU Zoning Classification; and approve attaching the minutes from the October 28, 2008 Board of County Commissioners meeting to the Resolution.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution approving Findings of Fact upholding denial of the request to rezone from RR-1 to AU on property owned by Christopher Bigos.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the 2009 Brevard County Legislative Program; and direct staff to bring the Legislative Program to the next Board meeting for its review.

 

 

Chris Stegman stated the Program was mentioned in a Workshop a couple of weeks ago; Brevard Alzheimer’s Foundation wants to keep seniors safe; a lot of citizens call the Foundation because they think they have been taken advantage of; and there is huge need in the community for someone to screen those types of problems.  He stated the Brevard Alzheimer’s Foundation is working with the Better Business Council of the Melbourne Chamber of Commerce to create the Elder Friendly Program; the concept is that the Foundation wants to work with the chambers to have local businesses go through a screening process to certify them as elder-friendly; and senior citizens would know the businesses have been certified and they can feel safe.  He stated another side of the program is going out into the community and train businesses on what to look for; and Riverside Bank is very interested in training its tellers.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve funding the Elder Friendly Program for 2009, to be operated by the Brevard Alzheimer’s Foundation, in the amount of $66,800.00.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt BCC Policy containing Rules and Regulations establishing the minimum acceptable conduct for users of the Valkaria Airport (X-59).  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz stated the same thing was done in Palm Bay for commercial businesses and it has cost the businesses several thousands of dollars; and she is not going to support the item because it costs commercial businesses a lot of money to abide by some of the rules.

 

Fred Kusterer, Mims Community Group, stated there are already commitments from commercial developers to participate in the program; and of the three he has talked to, one is already there, one is proposing a strip mall along U.S. 1, and third one, John Gregory Greene is proposing a hotel at S.R. 46 and I-95.  He stated the positions of the three businesses is that they want to take part in the program because they want their commercial endeavors to be good looking and for the people in the area to like them. 

 

Chairman Scarborough stated he is asking for Commissioner Voltz’s support because the approval of the item is developing recommendations for aesthetic standards; it is not being adopted today; and today’s approval allows staff to work with the Mims Community Group and the development community.

 

Commissioner Voltz stated she understands that, but it will cost a lot more money to businesses; with the impact fees being what they are on commercial property and with the aesthetic standards on top of it, it will cost businesses a lot more than they think.  Mr. Kusterer stated it is not the intention of the Mims Community Group to make the project cost a lot of money; and it is just to allow the Group to develop a plan.

 

Commissioner Bolin stated she believes that with Mr. Kusterer’s judgment, the project will move forward to the best of everybody’s effort to make sure the project is economical and aesthetic for the community; and she supports the item. 

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to authorize staff to work with the Mims community in developing recommendations for aesthetic standards for future commercial development within the Mims study area.  Motion carried and ordered; Commissioner Voltz voted nay.

 

 

Chairman Scarborough expressed appreciation to Mr. Kusterer for all his work on the Mims Area Study and the aesthetic standards. 

 

 

 

County Manager Peggy Busacca advised staff is asking for the item to be tabled because there was a neighbor who was incorrectly told what date the item would be on the Agenda; and it will be heard on November 25, 2008. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to table Item VIII.A.6., Appeal Denial of Sign Permit, Re:  Destiny Christian Church, to the December 2, 2008 meeting.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca distributed a copy of an email to the Board and to the Clerk.

 

Ernie Brown, Natural Resources Management Director, stated the item before the Board is the request for clarification of intent as it relates to the wetland policies in the Comprehensive Plan; the item is somewhat entangled with some other issues, but it is truly a stand alone question; and over the last year and a half there have been at least two properties that have come into conflict as it relates to right-of-way vacation or right-of-way creation.  He advised the Comprehensive Plan states any lot that was legally created prior to 1988 and is less than five acres is allowed to have wetland impacts for the primary structure, ingress/egress, and septic systems; but the Comprehensive Plan talks about a lot that was legally created prior to 1988; and if the lot was legally established and the lines were established prior to 1988, then they are vested, or grandfathered, into those as wetland impact rights.  He stated the question that has been brought up on a number of occasions is what if they vacate a right-of-way and by that process it changes the recordation of the configuration of that lot; and was it the intent of the Board to have that particular lot lose that grandfathering.  He stated Mary Sphar, who was one of the interveners at the time the Comprehensive Plan was created, has provided her input on it in that she does not believe that was the Board’s intent when going through those negotiations, except the intent was designed for people that took a four or five-acre lot and created smaller lots, and they would lose that grandfather provision; but in a case where it is an action by the Board vacating a right-of-way or creating a right-of-way that while it does legally change the lot, it was not the intent of the Board, from Ms. Sphar’s perspective, to have the lose its grandfather provision.  He stated staff thought it prudent to ask the Board, since there are many Commissions who may remember the Comprehensive Plan activity; and inquired what was the Board’s intent at the time, and was the intent to have the lots that did modify as a result of right-of-way creation or vacation, to lose the grandfathering, or to keep the grandfathering. 

 

Commissioner Voltz inquired if the item is related to Clayton Bennett’s items.  Mr. Brown replied it is related to the Clayton Bennett items, although it is a stand alone question that staff has had to deal with over time; and it would make the decision of the Board more clear, but it is not specific to that.   Mr. Brown noted the County Attorney’s Office  has roughly  clarified that unless the Board clarifies its intent, the standing is that any legal modification of the lot changing its configuration, it would lose its grandfathering. 

 

County Attorney Scott Knox advised it is a simple matter of whether the policy should be applied to a situation where the County has caused a further conformity.  Commissioner Voltz stated when the Board did the Wetland Policy it was intended that somebody does not just take a five or 10-acre parcel and divide it up into many lots thereby destroying the wetlands; but she does not think it was the intent of the Board to allow it when a lot is reconfigured just because of an easement.

 

Chairman Scarborough stated Ms. Sphar mentions in her email that she would recommend providing other direction; and inquired if Mr. Brown had a conversation with Ms. Sphar as far as what type of direction would be provided.  Mr. Brown replied Ms. Sphar had requested staff consider it a policy statement that would be written as a Board Policy of clarification as opposed to reopening the wetlands code and making it codified.  He stated the same thing has been done with the Transfer Development Rights and it did not actually get entered into a Code change.  Chairman Scarborough stated the Board may want to table the item, as Commissioner Nelson is not present.  Mr. Brown inquired if there is any information the Board would like him to gather.

 

The Board tabled Item VIII.A.7., Clarification to Wetlands Regulations regarding Comprehensive Plan, Re:  Conservation Element Policy 5.2.E 1 and Chapter 62, Article X, Division 4, Wetland Protection Code, Section 62-3694, Permitted Uses, to the November 25, 2008 meeting. 

 

 

 

Susan Valentine stated she would first like to address the long-term shore protection planning for the South Beaches; as the Board knows, she and others have been working on this for four years; and this is a good start to a long-term solution to a problem instead of a band-aid.  She stated she would like to thank Natural Resources Management Director Ernie Brown and his staff for getting the issue where it is today; and she is hoping the Board will approve the item today.  She stated along with the long-term shore protection planning, that the Board take into consideration that property in the South Beaches also contains a lot of federal property and State property; the Board is going to have to start negotiations with those people also because a quilt-effect cannot be done in the South Beaches; everyone is going to have to step up to the plate; and that will help with the cost.  She stated Managed Retreat was the first alternative, which is the acquisition of undermined structures; taking the most expensive property in the County off the tax rolls is ludicrous; and if anything, the Board should be taking away restrictions.  She advised Managed Retreat is unacceptable to her and most of the people that own oceanfront property.  She noted the second alternative is Dune Fill every three years on 11.5  miles;  that  is  the  band-aid approach; and that has been done for four years.  She stated extending beach renourishment two miles and dune-fill elsewhere is a possibility; and anywhere That the South Reach will be extended would be acceptable to everybody in the South Beaches.  She stated another alternative to extend beach renourishment in South Reach two miles and managed retreat elsewhere is ridiculous and should be crossed off the list.  She stated she would like to see beach renourishment in the entire South Beaches area; and that is what the Board should like to see as well.  She advised the South Beaches area provides a great deal of tax money to Brevard County; every other beach has been renourished; and the South Beaches should be renourished also as it is the only area in Brevard County that is mostly residential. 

 

Ms. Valentine stated with the FEMA assistance it is the same thing as always, it is just a different year; the Board has to do it; the money is there minus $98,500; and the Board is going to have to spend some money anyway on the monitoring of those beaches.  She stated her property taxes on her business and the three properties she owns will be approximately $98,500, and she will be paying that in two weeks.

 

Chuck, no last name given, stated he is here to talk about sand on the beaches; and he agrees with most of what Ms. Valentine just said.  He noted the beaches are everybody’s beaches and not just those who live there; the problem has always been whether the beach belongs to government or to individuals; and it belongs to the government and it is the Board’s beach and not the residents’.  He advised it becomes a problem for the County and not for those living on the beaches; his major concern is that the dunes have been cut; and when the dunes are cut, sea turtles cannot nest.  He stated the beach will slowly accrue sand, but it is not going to accrue enough for the next nesting season; the FEMA support is needed to put sand back against the dunes at a proper slope to allow the sea turtles to crawl up there.  He stated staff did an excellent job in putting together suggestions; the entire County should be looked at in the economic benefit study, as the entire County benefits from the beaches and not just the people living there; and it is like other County services in which everyone has to chip in for and gets benefit. 

 

Warren Zorzi stated he hopes there can be some sort of solution to the problem; he does not know if the Board was able to see the pictures he submitted of his house after Tropical Storm Fay; and he lost 28 feet of his property during the storm.  He stated he built his house on what he thought was the most pristine, beautiful beach possible at that time; today, it is the biggest eyesore and white elephant in Brevard County; the floor level of the beach itself will not even remove the debris that has washed ashore; and there is now 25 feet of seaweed that has been sitting there since the storm and there is no angle to the beach anymore.  He feels the Board has the power to help the residents; and the residents need the support of the Board. 

 

Kelly Moes stated she and her husband live three miles south of the Publix in Melbourne Beach; until the beach in her area is replenished her dune will continue to erode each day; she is a member of the Sea Turtle Preservation Society; every night she watches the mothers lay their eggs; she does not see the hatchlings because she is not an expert; but she believes the waves continually take the eggs away and there is too much water for the hatchlings to be able to develop.  She stated even though Melbourne Beach is a small community, it is just as important as the larger beach communities;  she believes the more expensive entire South  Beaches plan, the beach nourishment on the entire South Beaches,  is really the most cost effective plan in the long run because if the beach is there the dunes will not have to be replenished every year; and she is asking for the Board’s support.

 

Don Arnold stated he is here to ask the Board to consider doing anything it can imagine that would help the dunes and the coastline; the sea turtles really need the help; a long-term plan needs to be thought about; bringing in sand by the truck load helps in the short-term and it is better nothing; but he has heard in previous meetings that the County can rent or purchase sand pumping equipment that could serve all of the County beaches. 

 

James Schubert stated in 2004 Hurricanes Frances and Jeanne took approximately 20 feet of dune at his property; it may have taken hundreds of years for the dune to accumulate; and what is being seen now is something that is unprecedented.  He stated it needs to be recognized that there is a long-term problem; the County brought in sand after the 2004 hurricanes; but a fair amount of that sand has now been lost; and the sand that was brought in was not accepted by the turtles.  He stated the County needs to look into a long-term plan; global warming is causing the oceans to rise and also the fact that the inlets are blocking the flow of sand coming south; and if the beaches are to be retained there needs to be a long-tem plan.  He advised as an engineer, his suggestion is that dredging has to be considered periodically; but there may need to be a special taxing district, including the island and hopefully some of the inland properties because they benefit from the beach as well; and something needs to be done continuously long-term.

 

James Cowan expressed appreciation to the retiring Commissioners on the support, as they have taken the time to visit the site and acquaint themselves with the problem; and he would encourage the new Commissioners to do the same.  He stated he read in the newspaper that one suggestion was to abandon certain segments of the beach; and that is throwing the residents under the bus, as they pay their taxes.  He stated if the south beaches are permitted to erode it will exacerbate the problem and eventually something will have to be done; and he feels something needs to be done now.  He commented on seeing some baby sea turtles on the beach recently and falling seven feet down a cliff of sand; and stated there is no beach there for the turtles to revisit. 

 

*Commissioner Nelson’s presence is noted at this time.

 

Demi Morekas stated all of the sand on the South Beaches is gone; there is a 12-foot cliff of sand in front of her house; and that happened over just a few days.  She stated dredging is what is needed in the South Beaches; and the beaches need to be widened.

 

Deborah Hall stated she lives in the Windsong Condominiums in Melbourne Beach; and she has been a Brevard County taxpayer and part-time resident for 14 years.  She stated her condominium was built in 1981; her backyard is approximately within 20 feet of the ocean; it has eroded approximately 30 feet over the 14 years that she has lived there; and in 2004 she replenished the sand and planted sea oats at her expense because she was not sure what was going to happen; but fortunately, the County came along and added more sand.  She noted in 2005  she called  Mike McGarry from Natural Resources  Management  and  he  explained what she could do; and she would like to thank staff for being helpful.  She stated she would like the Board to approve the permitting for the shore protection bar; to her, that has the most exciting element because it is low cost and low impact and has the potential for great rewards; and it could be an innovative process that is adopted by the rest of the State and other parts of the country.  She noted with regard to the FEMA Assistance, she thinks it is a good deal that the Board needs to vote for; and it needs to be extended all the way to the South Beaches. 

 

Carl Kaiserman stated he is an oceanfront homeowner on Floridana Beach; and he would gladly support any additional sand that is placed on the beaches anywhere. He commented on emergency sand that was trucked onto the beaches in February 2008 and buttressed the dunes; stated his dune had a steep slope so he added more sand to it hoping it would help with both the nesting turtles and the advancing tides; and over the last season he experienced over 20 turtle nests, which is more than any of his neighbors had.   He advised the eroded dunes have not disappeared, as they have been swept onto the beach to form berms and offshore sandbars; this sand can easily be recovered by bull dozers reinforcing dunes at the most severely threatened homes and motels; and the cost can be a fraction of the more than $2 million spent on the February 2008 emergency restoration.  He stated the residents should not feel they are alone in their effort to protect their endangered property; there is a better way; and it can be done right now.  He advised as for the second, and long-term, problem of beach renourishment, the same program that the feds, State, and County, see fit for Cape Canaveral and Cocoa Beach can be applied to the South Beaches; sand from the South Beaches migrates to the Sebastian Inlet where it creates the exact problem that happens at Port Canaveral in which it fills the inlet and needs to be dredged; and there is a plan to tend to that work.  He advised the Sebastian Inlet Commission, using special assessment tax monies to dredge the South Beaches sand and then deposit it on beaches to the south and the Indian River, yet the Sebastian Inlet District taxes South Beaches properties for this work; and another solution would be to use the ready source of sand and dredge it north instead of south, back to its rightful owners; take Brevard’s tax dollars and use it to return our sand to the South Beaches.

 

Christine Viola stated her home on Melbourne Beach is her second home; her primary residence is in Scottsdale Arizona; she was made aware of this problem a year ago; and she has been trying to do everything she can to help out from Arizona.  She stated the problem is disturbing to her; she knows everyone has been working on this for a very long time; it is difficult for her to get here; but she feels everyone needs to know how important this is.  She stated she does not want to be rude, but she pays $13,000 per year in taxes; she is a single woman homeowner who chose Melbourne Beach as her second home; and she could have chosen anywhere in the United States; but she chose Melbourne Beach because of its beaches.  She stated all she has seen so far is a band-aid; the County spent $20 million of tax money for band aids; everyone is here for a permanent solution; and she agrees with what everyone else has said.  She stated she supports getting the emergency berm back to where it needs to be; she has absolutely no sand in front of her home; turtles have no where to nest; crabs have no where to mate; and so wildlife has an issue as well as the homeowners.  She stated she appreciates everything that has been done in the past, but it is time for a vote today to get this done; homeowner rentals are three and six month rentals; they bring in a lot of money; and compared to the money brought in with the tourists and the amount of money spent in taxes, she has spent over $80,000 in the last five years; and that is a lot of money from one person. 

 

Pam Acevedo stated there needs to be a long-term solution; and it needs to be started now and kept going.  She stated the residents feel fortunate to have Natural Resources Management Director Ernie Brown; and she hopes the Board will vote to do something permanent in the long-term. 

 

Tony Loizzo stated he supports both Items VIII.A.8 and VIII.A.9.; and he would like to mention the buying up of the land in order to save it from the ocean is kind of ridiculous.  He stated every time the County, City, or State buys property on the ocean it does not take it off the tax rolls but then it becomes a burden to the County and the cities to maintain them; and instead of collecting $13,000 in property taxes for someone’s house, there would be a park there that would have to be maintained and would cost even more money.  He lives in the Mid Reach area and they got beat up there also; there will be no turtle nesting season this year if the beach is not repaired; he had up to 14 nests on his property alone; and they were all washed away.  He noted in the Mid Reach beach there was the essential fish habitat with rocks; but there are no rocks out there now because they are all covered with sand; and the fish still feed there. 

 

Chairman Scarborough stated the Economic Benefit Study in Item VIII.A.8. envisions an MSBU for that purpose; and inquired if that is correct.  Natural Resources Management Director Ernie Brown replied the Study is going to be the baseline for any future action the Board may take as it relates to proportional share of benefit; it can be used for any of the options the Board is looking at in addition to any of the tools to implement that; and so it establishes a baseline of proportionate share benefit to whatever project would be implemented.  Chairman Scarborough stated one speaker said she paid $13,000 in taxes; and inquired if Mr. Brown knows what those taxes would be if that home did not exist on the beach.  Mr. Brown responded no preliminary work has been done on that; there was some early work done last year to try to get some correlation; but without doing a full economic study it is difficult to quantify the differentiations.  Chairman Scarborough inquired if the Property Appraiser has a multiplier that he arbitrarily applies to all beachfront properties.  Mr. Brown replied there is a multiplier that is applied to waterfront properties; and when the properties go through the assessment process that is a factor, but he does not know what that is. 

 

Commissioner Voltz stated a speaker mentioned the Sebastian Inlet; Brevard County pays taxes for what they do for Brevard County; and inquired if it is possible to get them involved with some sort of sand renourishment.  Mr. Brown stated staff can have those conversations; the Sebastian Inlet District’s primary function is to maintain the functionality and navigability of the inlet itself; the transport of sand is dominated on a southerly direction; and without the inlets the sand would be moving south anyway.  He advised what happens in that scenario is the sand that would normally be traveling south stops at those inlets, which is the same scenario as Port Canaveral; and there is a bypass program that takes the sand from the north side of the Canaveral Inlet to the south side.  He stated sand that was once in Brevard County is being moved to Indian River County as is the natural southerly progression; and legally it would be difficult to determine which County the sand belonged to.

 

Commissioner Voltz inquired if the Sebastian Inlet District is legally allowed to do those things as far as the sand moving north.  Mr. Brown replied he is not aware of anyone being successful in doing that work as it is always designed to facilitate the natural process, which in this case would be putting it on the downdrift beaches.

 

Virginia Barker, Natural Resources Management, noted what Commissioner Voltz is talking about is called Back Passing; and that is done in some places.  She advised the Sebastian Inlet has an inlet management plan that is adopted by the State of Florida that was shaped through a lawsuit in Indian River County similar to the one in the Cocoa Beach area; and the result is the amount of sand the inlet is required to place on the downdrift beaches.  She stated a lot of engineers have battled in court about what those actual impacts are and what needs to be done to mitigate for those impacts and placement of sand on the updrift side is not factored in.  Commissioner Voltz stated there is already a financial mechanism in place for them to collect money; and inquired if it would be possible for the Sebastian Inlet District to collect a little more money so there can be ongoing funding for the beaches. 

 

Mr. Brown noted the Sebastian Inlet District is an independent taxing authority; and it is in their purview to address those issues, but staff can ask if the District is interested in entertaining that as an option.  Commissioner Voltz stated it may benefit everybody.

 

Motion Commissioner Voltz, seconded by Commissioner Bolin, to approve conducting an Economic Benefit Study for the South Beaches for $50,000.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated next is the Pilot Study, which is just to do some analysis, and not to put into place.  Mr. Brown stated the Pilot Study is a new concept that has had positive results; the $50,000 would go through a permitting process to see if it would even be viable from the regulatory agency’s perspective to get this implemented in conjunction with a South Reach renourishment project, which is the fully nourished beach just to the north, where the Corps of Engineers would bring in dredges to repair that beach; and then it would be coupled onto this process and do this near shore sandbar.

 

Commissioner Nelson inquired how that differs from the offshore reef concept that is being studied in Cocoa Beach.  Ms. Barker replied this would be much more continuous than the offshore reef; the offshore reef would be a small reef and then a large gap, and then perhaps another small reef; whereas this would be an almost contiguous large sandbar down the length of the shoreline.  Commissioner Nelson inquired if they do similar things; with Ms. Barker responding the reef does not add sand to the system; both would provide wave break to dissipate wave energy before it gets to the shoreline and erodes it; and it eventually welds onto the shore and helps in rebuilding the dunes, whereas an offshore reef would never do that.  Ms. Barker advised it has been done successfully in other locations and it has be potential to be much easier to permit in the Archie Carr National Wildlife Refuge, than a standard renourishment project that does have negative impacts to turtle nesting. 

 

Chairman Scarborough stated he would also like staff to look at the difference between reefs and the possibility of power generation; and there could be an interim report of the different processes before they proceed with the whole thing.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to direct staff to prepare an analysis on the difference between reefs, the possibility of power generation, and the different types of processes that could be applied; and proceed with the initial design and permitting for a South Beach shore protection strategy Pilot Study for $75,000, with both the Study and the Project not to exceed $125,000; and approved all necessary budget changes. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to move forward with permitting and placement of emergency sand in the Mid Reach and South Beaches, as described in the $4.7 million draft FEMA Project Worksheet (PW); authorize the Chairman to execute a change order with CKA, LLC to construct the project immediately; to execute a task order with a coastal engineering continuing services contractor to perform engineering and construction oversight services; and execute an Agreement with the SJRWMD to purchase sand if pricing is less than current contract; authorize transfer of available funds from the 2008 emergency dune construction budget, obligate an additional $98,500 necessary to provide the local cost share for this FEMA project; and approve all necessary budget changes.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated the Board put this item aside so Commissioner Nelson could weigh in on the issue, as there was potential for a split vote; and stated the question is does the Board have the same vote as it had previously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to reject the proposal of the number one ranked firm, Cherry Bekaert & Holland, LLP; authorize the Negotiation Committee to negotiate with the number two ranked firm, Berman Hopkins Wright &LaHam, with a cost proposal; and direct the Negotiation Committee to bring the cost proposal back to the Board to have the opportunity to accept or reject such proposal.  Motion carried and ordered; Commissioners Scarborough and Colon voted nay.

 

 

 

Commissioner Nelson stated his concern is the precedent the Board is setting throughout the County; there are some properties in the Central part of the County that could be impacted by the decision the Board makes today; that Board is talking about waiving several requirements; and at that point a lot of  properties on Merritt Island suddenly become developable.   He  stated he does not support issuing the waivers; it is not that he does not support continuing to discuss some alternative that would allow the two units; but in effect, those two waivers would open up a development issue on parts of the County; and North Brevard has some of that as well. 

 

The Board reached consensus to table Item VIII.A.1., Access Easement Waiver to Section 62-102(B)(2)(b), as requested by Clayton Bennett, to the November 25, 2008 County Commissioners meeting.

 

 

 

The Board reached consensus to table Item VIII.A.2., Access Easement Waiver to Section 62-102(B)(2)(b)(8), as requested by Clayton Bennett, to the November 25, 2008 County Commissioners meeting.

 

 

Commissioner Nelson stated he supports the Board’s earlier action on the Canaveral Groves issue; it is his understanding the existing homes will be allowed to pay when the home is transferred or sold; the argument for not choosing the method of issuing a lien and going into foreclosure was because of additional cost; and there is now the need for additional cost because the Board is saying in these circumstances in Canaveral Groves, as road paving ordinances are done, an owner will be able to not pay to the end, which means there will be people tracking it and all the things that were the reasons not to do the uniform collection method.  He inquired if it can be done for Canaveral Groves, why can it not be done with MSBU’s in general as a part of that procedure. 

 

*The Board recessed from 1:20 p.m. and reconvened at 1:26 p.m.

 

Commissioner Nelson stated he would like to continue to talk with staff on the issue because there are some dynamics the Board just approved with Canaveral Groves. 

 

Motion by Commissioner Scarborough, that if the Board goes to a lien methodology that the County Attorney implement language such that the County’s lien would never become subordinate.

 

 

Commissioner Voltz inquired if that is using the uniform method of collection.  Chairman Scarborough stated if a subsequent Commission opted to go to the lien methodology rather than being on the tax bill, that if that was done, the Board would make sure that somebody would not wipe out the Board’s lien.  Commissioner Voltz stated she believes the uniform method of collection is better and cheaper.

 

John Denninghoff, Public Works Director, stated it would be less burdensome for staff.  Commissioner Nelson stated his objection was that someone who did not want the MSBU can find themselves in the position of losing their home as a result of that decision.  Commissioner Voltz stated she does not know why the Board has an MSBU period because there is always going  to  be  someone  who is  going to vote no.  Commissioner Nelson stated that is the way it was done for many years.  Commissioner Nelson stated he would like to find out if there is an option for a blended thing like what was just done for Canaveral Groves.   

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Option 1, renewing Board Policy BCC-53, Municipal Service Benefit Unit (MSBU) with modifications utilizing the Uniform Method of Collection approved by the Board on February 24, 2004, Resolution No. 04-045.  Motion carried and ordered; Commissioners Scarborough and Nelson voted nay. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve and authorize the Chairman to execute the Contract for Sale and Purchase with John F. Witkowski and Minerva A. Moises-Witkowski, which is needed for the Hollywood Boulevard Road Widening Project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and authorize the Chairman to sign the Contract for Sale and Purchase (contract) with Steven and Nancy Hupaylo and Raymond L. and Sandra W. Brush in conjunction with the road realignment project at Cox Road/S.R. 520/A Lane in Section 26, Township 24 South, Range 35 East, Brevard County, Florida.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the sole source procurement from Tiburon, Inc. of two enhancements to Fire Rescue’s Computer Aided Dispatch System (CAD): Mobile Data Terminal (MDT) and Automatic Vehicle Location (AVL); authorize   the   purchase   of   notebook   computers   utilizing  GSA  contract pricing or through solicitation of a formal bid, whichever is determined the most beneficial to the County; and if bid, authorize staff to award to the lowest most responsive and responsible bidder.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to accept the Audit Committee Reports for Financial and Operational Reporting and the Risk Assessment and Proposed Audit Plan for 2008/2009.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox advised the County Attorney’s Office can probably do the jail representation, but there is a possibility sometime down the road if a conflict arises, then the Board will have to find someone beyond the County Attorney’s Office to do it; and it is conceivable that there could be a conflict.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the County Attorney to assume legal representation of the Sheriff’s Office regarding the Tillman/Lennear Jail Overcrowding litigation in Federal Court.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated Commissioner Voltz has brought a special sensitivity to the human needs of the citizens, perhaps by being a nurse; she has made him see things that nobody else has; he sincerely appreciates the opportunity to have served with her; and he thinks he has been a better Commissioner because of Commissioner Voltz.

 

Commissioner Voltz expressed appreciation to Chairman Scarborough. 

 

Commissioner Bolin stated herself and Commissioner Nelson wanted to extend their gratitude to Commissioner Voltz for the training she has done in their careers; and she would like to give Commissioner Voltz her own speaker cards with her name on them.

 

 

 ANNOUNCEMENT OF EXECUTIVE SESSION – BREVARD COUNTY v. THE AUTHORIZED

Chairman Scarborough read into the record the Notice of Attorney-Client Private Meeting as follows:  on Monday, November 17, 2008, at 11:30 a.m., or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in American Security Educators, Inc. v. Brevard County, Case No. 6:08-cv-929-Orl-19-DAB; the persons attending the attorney-client private meeting will be:  Truman G. Scarborough, Jr. County Commissioner District 1; Chuck Nelson, County Commissioner District 2, Helen Voltz, County Commissioner District 3, Mary Bolin, County Commissioner District 4; Jackie Colon, County Commissioner District 5; Peggy Busacca, County Manager; Scott L. Knox, County Attorney; Shannon L. Wilson, Deputy County Attorney; Michael J. Roper, Esq. and Joseph Tessitore, Esq., Bell, Roper & Kohlmyer, P.A.; and Angel Hampton, Brevard Associated Court Services.   He advised the attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C” at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940; and the estimated length of the attorney-client session is one hour or less. 

 

 

 

Upon motion and vote, the meeting adjourned at 1:39 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)