Attendee Name	Title	Status	Arrived
Robin Fisher	Commissioner District 1	Present
Chuck Nelson	Chairman/Commissioner District 2	Present
Trudie Infantini	Commissioner District 3	Present
Mary Bolin	Commissioner District 4	Present
Andy Anderson	Vice Chairman / Commissioner District 5	Present

 

 

The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits.  Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria.  Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request.  Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose that fact before the Board takes action on the request.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak. 

 

 

 

The invocation was given by Pastor David Cannon, Grace Bible Church.

 

 

 

Commissioner Fisher led the assembly in the Pledge of Allegiance.

 

  

 

The Board adopted Resolution No. 11-266, recognizing Joy Bent for her contributions as a South Mainland Library Advisory Board Member, and for her dedication to the Library and all those who benefit by it. 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson stated he attended the AARP Chapter 756 meeting, and announced the induction of officers, and stated the new president is John Anderson.

 

 

 

Commissioner Nelson stated he continues to get complaints on the condition of foreclosed properties; Code Enforcement is overwhelmed trying to deal with the issues of the banks taking over the properties, and who to cite.  He added, there are communities throughout Central Florida that have done a variety of different steps that have improved how to address the problem; and first is finding out who is responsible for taking care of the properties.  He asked staff if the Board could get a report on different issues associated with foreclosures as it relates to condition of the properties and public safety in the unincorporated areas; and then come back to the Board with a variety of different options for it to consider.   

 

 

 

Chairman Nelson distributed the 2012 Board Liaison Appointments. 

 

Chairman Nelson passed the gavel to Vice Chairman Anderson.

 

Chairman Nelson appointed Commissioner Trudie Infantini to serve as Commissioner liaison to the Children Services Council for 2012

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson appointed himself and Commissioner Bolin as Commissioner liaisons to the 2012 Value Adjustment Board (VAB).

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board reappointed Stanley E. Retz, CPA, as its Citizen Member for the 2012 Value Adjustment Board.

 

Vice Chairman Anderson passed the gavel back to Chairman Nelson.

 

MOVER:            Chuck Nelson, Chairman/Commissioner District 2

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

Chairman Nelson called for a public hearing to consider Planning and Zoning Board Recommendations of November 7, 2011.    

 

 

 

Cynthia Fox, Planning and Development, requested the item be tabled to the December 13, 2011, Board meeting.

 

There being no further comments the Board tabled the request change from AU to IN(H) on 49.65 acres, as recommended by the Planning and Zoning Board.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Cynthia Fox, Planning and Development, requested the item be tabled to the December 13, 2011, Board meeting.

 

There being no further comments, the Board tabled the request for a CUP for a tower and antenna in a BU-1 zoning classification on 3.58 acres, more or less, to the December 13, 2011 Board meeting.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

Cynthia Fox, Planning and Development, stated this is a request to remove an existing Binding Development Plan in a BU-1 zoning classification; and the item was tabled at the last meeting so the Temple, and the neighboring division to the south could work on a buffer agreement. 

 

Alan Rosenberg, Executive Director of Temple Beth Sholom, Inc. thanked the Board and the Planning and Zoning Board for helping facilitate an amicable agreement between the Temple and the neighbors, and a renewed friendship between them both.  He added, they met and arranged an agreement whereby the property will be divided into a north and south section; stated he is asking that the BDP be lifted from Hook Road and the area to the north; and stated the neighbors agreed.  He went on to explain the area to the south of Hook Place is the Temple property, east of the Greek Church property, and out to the extent of the border.  He requested that the Binding Development Plan remain in effect on the remainder property with no other change.

 

There being no further comments, the Board approved the request for an Amended Binding Development Plan agreed to by the applicant and the residents of Whispering Pines estates.   

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Cynthia Fox, Planning and Development, stated the property currently has an existing Conditional Use Permit for mud bogging and truck shows that was approved earlier this year. 

 

Todd Willems stated he has been in business for over a year and has had no issues. 

 

Commissioner Anderson stated he has received one complaint about the facility in the year; he talked to the lady and she just did not like hearing the noise at night, but she is a seasonal resident and he thinks she is okay now.  He added, she thought it was going to be running every weekend and now that she knows it is sporadic, she is not very concerned anymore.  Commissioner Bolin stated the Board previously approved the agreement, but it appears Mr. Willems has not completed the requirements of the first agreement; and she has a list of ten things that have not been completed on the site plan.

 

Mr. Willems stated financial concerns are due to that; the storm system will be done this weekend; and other than some minor items, 95 percent of the site is completed.  Commissioner Bolin asked staff if there is a time element on when the these items need to be done; and stated if there is an agreement, the Board needs to have them completed.  Mr. Willems stated he has done a tremendous amount of work there in the last year and a half, and it is going to take him a little bit longer to complete.  Commissioner Bolin inquired if people will be able to bring alcohol to the site; with Mr. Willems responding, yes.  Commissioner Bolin noted her main concern is that Mr. Willems would have no supervision of under-aged drinking because there is no one checking ID's; and she is not in favor of allowing the drinking on the site.  Mr. Willems stated there are four sheriff's deputies present every month.  Commissioner Anderson stated he would submit that there is already alcohol use there now; if anyone knows Sarno Road very well, one can go out there with no safeguards; people are running airboats and four runners, which is just adjacent to Mr. Willems property, and consuming alcohol legally because it is allowed; and he thinks this is an avenue to direct the activity to the facility where he has to get a special Use Permit, which require law enforcement on scene.  He added, he has spoke to Commander Ambros, and they have had very little problems out there.  Mr. Willems stated it is a good thing for the community; it gives people a place to go and drink; and apparently, he needs a CUP for people to drink legally.  Commissioner Anderson asked staff about the time frame of the site plan.  Ms. Fox stated Mr. Willems has been working on this every since he received the first CUP. 

 

Commissioner Infantini stated Mr. Willems has 90 percent of the site plan completed; and if the Board allowed alcohol perhaps more people would be frequenting the facility and he would be able to complete the site plan faster.  She added, she is in favor and makes a motion to approve.  Commission Anderson stated he will second it, because in speaking with the Sheriff's Department, Mr. Willems has been a good citizen out there. 

 

Commissioner Fisher inquired if people are already bringing alcohol out there, why is the Board going through the CUP.  Ms. Fox explained because it is a CUP for on-premises consumption.  Commissioner Fisher asked if this is similar to an athletic event where people tailgate behind their cars; with Mr. Willems responding yes, it is not just an open mud pit where people get out there and go crazy.  Commissioner Fisher asked if staff agrees with that.  Ms. Fox stated staff's position is that the site needs improvements in order to accommodate the use of a racetrack and mud bogging events, and until those are completed staff is hesitant to add any additional uses to the property. 

 

Chairman Nelson stated Mr. Willems got the first CUP in May 2010, it has been well over a year and he has not completed the site plan; and one of the things not completed is a spectator area, which means he does not regulate where people can, or cannot, be in an activity that is pretty dangerous.  Mr. Willems explained 95 percent of the parking is tailgating, there is a 19-by100- foot spectator area.  Chairman Nelson pointed out that he came before the Board and said how the operation is going to be run, but has yet to do it.  He added, he thinks the County has been generous that he has been in business for over a year and not in compliance; the Board has no assurance that he will ever comply; and no idea when he will meet the requirements.  He stated he is not opposed to Mr. Willems having the alcohol with some conditions, but it needs to be tied to completion of the first commitment made, which was to bring the site into compliance.  He noted that when the County gives someone a CUP it goes with the land, and he could stop mud bogging and open up a bar; and if the Board approves it, it needs to be tied to mud bogging.  Commissioner Anderson stated if the Board wants to put a Conditional Use specifically tied to the motosports, but other activities would have to come back to the Board, he is fine with that. 

 

Commissioner Infantini amended her motion to give Mr. Willems a CUP with a  provision that it is tied to motosports activities, should he stop using the businesses as such. 

 

Commissioner Anderson stated he believes the owner is trying to make the improvements as he goes along; it is one of the finest motosports parks that he has built; and in a controlled environment he thinks it lessens the chances of activities that will go on unsanctioned somewhere else. 

 

Commissioner Bolin state she will be postponing a vote on a CUP until Mr. Willems comes back and has everything done on the list for the site plan; and stated when the list comes in complete, she will vote for the CUP.

 

Commissioner Fisher agreed with Commissioner Bolin.  Chairman Nelson inquired if the Board could establish a timeline for the CUP, 6 months to finish the improvements, and Mr. Willems can not allow alcohol until he completes the improvements and County staff has signed off on it as a condition.  Morris Richardson, Assistant County Attorney, stated yes, the Board can grant it, but it is not effective until the site plans have been satisfied. 

 

Mel Scott, Assistant County Manager, stated the use has been happening through a Special Event Permit; and through that mechanism staff has been able to ensure that the health safety provisions of the patrons have been taken care of.  He added, the Special Event Permit requires the fire inspector's to go out on site before the event, and they are there during the event, along with deputies; and egress/ingress for emergency vehicles are plotted out.  He noted, the sheriff's deputy requirement is not in place when Mr. Willems no longer pulls the Special Event Permit; and recognizing the nature of this event, that may be something to ensure moving forward with the introduction of alcohol.  He stated staff has been trying to ensure that public safety has been taken care of, but that Mr. Willems still has income coming in, so he can make the improvements that the previous approvals have required.  Attorney Richardson stated that is a significant consideration, because what he is asking for is On Premise Consumption, but he is not serving, so people are going to bring their own, and drink in the vehicles; and right now, through the Special Event Permit, there is the requirement for law enforcement.  He added, it is very different than the typical bar where the owner is licensed to serve, because they have certain things they have to comply with to meet State licensing requirements, in terms of who they serve and do not serve; and none of those terms apply to Mr. Willems as long as he is not serving.  Commissioner Anderson asked if staff can make the CUP conditional on Mr. Willems having law enforcement on premise for events.  Attorney Richardson responded yes, it could make that one of the conditions.  Commissioner Anderson asked how many more months would it take to raise the revenue to complete the requirements that are on the list.  Mr. Willems responded there are two storm structures that are being delivered tomorrow, and they will be set and ready for inspection by Tuesday; and it could be done in six months.  Commissioner Fisher asked why the revenue changes with the approval.  Mr. Willems stated when he gets the temporary Certificate of Occupancy (CO) then he can be open for business seven days week; and with the Special Event he can only operate one day a month. 

 

Commissioner Bolin stated the Board will give Mr. Willems 30 days to get the site plan done, and it will move forward with the CUP.  Commissioner Anderson asked if he can still get the Special Event Permit.  Mr. Scott stated the County has been giving him one Special Event Permit a month and encouraging him to move along; and if the Board is not comfortable with continuing to do the Special Event Permit, staff would like to hear that perspective.  Commissioner Anderson inquired how many more Special Events will Mr. Willems need to be able to finish the site plan.  Mr. Willems responded 30 days; it says in the site plan that the lighting is not complete, which is a huge expense for 21 acres.  Commissioner Anderson inquired about alternatives with the lighting.  Mr. Scott stated it was to be completed through an engineering revision, but it has not been submitted.  Mr. Willems responded that it was submitted a couple months ago; and the lighting was going to be moved to phase two.  Mr. Scott inquired if the lighting plan submitted to staff is necessary to receive an approved CO.  Mr. Willems stated no, he does not believe so.  Ms. Fox advised the purpose of the engineering revision was to phase it for Mr. Willems so he did not have to do everything all at once.       

 

There being no further comments or objections, the Board tabled the item to the February 2, 2012, Board meeting, giving the applicant time to comply with all the requirements of the first CUP; and directed staff to meet with the applicant regarding the security requirements.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

Cynthia Fox, Planning and Development, stated the request is for Alcoholic Beverages for On-Premises Consumption in an AGR zoning classification, this is for the Loughman Lake Lodge Restaurant.

 

There being no further comments, the Board approved the request for a CUP for Alcoholic Beverages for On-Premises Consumption in an AGR zoning classification, as accessory to a restaurant at a fish camp, as recommended by the Planning and Zoning Board.   

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Cynthia Fox, Planning and Development, stated the request is for a Small Scale Plan Amendment to change the Future Land Use Map designation from Residential 4 to Community Commercial, and change from AU to BU-1, to accommodate the new Tractor Supply store in Mims.

 

There being no further comments or objections, the Board adopted Ordinance No. 11-36, amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth the fifth small scale plan amendment of 2011, 11S.05, to the future land use map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; and approved the request for a change of Zoning classification from AU to BU-1, as recommended by the Planning and Zoning Board.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

There being no comments or objections, the Board approved the request from GU to AU on 4.83 acres, as recommended by the Planning and Zoning Board.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

Mel Scott, Assistant County Manager, advised following Brevard County's Home Rule Charter, on the odd year of every decennial, the Board goes through the activity of right-sizing the County Commission Districts using the census data collected by the Bureau of the Census the previous year; and the primary goal through the exercise is to ensure that each Commission District is nearly as equal as possible in population to each other.  He stated the Board of County Commissioners, consistent with the Charter, appointed a Redistricting Committee made up of citizens, and the Committee met for several months identifying a rules of engagement for themselves, and also adopted goals that they would adhere to in achieving the task of creating commission districts that were nearly as equal in population as possible; the Committee presented its work to the Board on October 18th; and at that time, the Board of County Commissioners adopted, without amendment, those proposed redistricted boundaries.  He stated the Board is now at the point where it is asked to consider doing four things: 1.) it is requested the Board adopt the legal descriptions for the district boundaries; 2.) it is requested that the Board direct the Clerk to the Board to enter said descriptions into this meeting's minutes; 3.) it is request that the Clerk to the Board to provide a certified copy of this meeting's minutes for this Agenda Item to be published at least once each week for two consecutive weeks in the Florida TODAY, which is consistent with Chapter 124.02 of the Florida Statutes; and 4.) it is requested that the Commission request that the Supervisor of Elections recommend and approve precinct alterations that she deems fit and appropriate, consistent with and responding to, the new Board of County Commission district boundary changes.

 

Commissioner Infantini stated upon reviewing the Commission districts, she noticed that her district goes up the centerline of the Melbourne Causeway, and once she is in the middle of the Intracoastal waterway her commission district cuts off and goes southerly through the center of the intracoastal waterway for the next 3,100 feet; stated if she were to walk the perimeter around her district, she could go to the middle of the Melbourne Causeway, jump off the Causeway once she reaches the peak, and then swim for 3,000 feet, and then head east until she reached the shore; and inquired if that was correct.  Mr. Scott replied he would have to confirm the legal description, but it is possible that the description does that, but in doing so it does not impact the population issue that the redistricting effort has accomplished.  Commissioner Infantini stated there were numerous other ways to impact the population without removing 3,000 residents from the Town of Indialantic, without eliminating her availability to drive over the bridge and remain in her district; the Committee could have pulled 3,000 out of 550,000 Brevard residents from another portion of the southwestern part of Brevard County; and inquired if that would be correct.  Mr. Scott replied mathematically speaking, that would be correct, and that was something that the Redistricting Committee considered, voted on, and presented to the Commission prior to its adoption.

 

Commissioner Fisher inquired if Mr. Scott had any voting rights; and inquired if he made the decision.  Mr. Scott replied no, he did not have any voting rights, nor did he make the decision.  Commissioner Fisher inquired how many members are on the Redistricting Committee; with Mr. Scott responding 15 members.  Commissioner Infantini stated Mr. Scott had a great deal of oversight and interjection with the Supervisor of Elections, staff, and the County Attorney, instead of hiring an outsourcing firm counsel, such as was done 10 years ago; and noted she spoke to people in other counties who told her they did the same thing. 

 

Commissioner Bolin stated the Board had discussed whether or not to hire someone, but thought that it would save taxpayer money by doing it without an outside consultant.  She further stated the process has been completed and she feels each Commissioner was represented; and stated she would like to move the item.

 

Peter Fusscas, Redistricting Committee member, stated he voted nay on the redistricting plan; and stated the only issue dividing the Committee was splitting up the twin communities of Indialantic and Melbourne Beach.  He noted during deliberations, similar splits of other communities were unanimously opposed by all members present, and two of those areas were Viera and Cape Canaveral; stated there are several traditional principles to take into consideration when redistricting, such as compactness; it does not refer to geometric shapes, but to the ability of citizens to relate to each other; it speaks to relationships facilitated by shared interests; and stated another traditional principle is continuity, which is defined as when a person can go from anywhere in a district to any other point within the district without leaving the district, or crossing another Commissioner's district.  He stated other traditional principles are preservation of community interests, preservation of prior districts, compliance with Section Two of the Voter's Rights Act, and as equal in population as possible; stated the principles he mentioned encompass the criteria the Committee was charged with when considering redistricting, with equal size of population being the most important; and noted the criteria also conform to Amendments V and VI, of the Florida Constitution passed by referendum of the people of the State of Florida on November 10, 2010.  He stated splitting up Indialantic and Melbourne Beach violated several of the principles; it violated the continuity principle in that there is no way the Commissioner of District 3 can assess his or her district without crossing another Commissioner's district, unless they have a boat or are a very strong swimmer; and noted under the current plan, District 3 is fragmented.  He further stated the current plan violated the principle of compactness, which is the oldest and most important traditional race-neutral districting principle maintaining an community of shared interests in language, race, or other shared interests; and the plan does not follow manmade or natural boundaries, it does not recognize existing district boundaries.  He stated the vote to split Indialantic and Melbourne Beach was not unanimous; it was opposed by 43 percent of the members present; and the vote on the entire plan was not unanimous, and was opposed by 25 percent of the members present.  He stated Indialantic and Melbourne Beach are communities of shared interests; the children are sent to the same schools; the garden clubs decorate the same monuments; they share the same beaches and post offices, as well as the same water and sewer service supplied by the City of Melbourne; and noted the two towns have been represented by the same Commissioner for the past 50 years or more.  He stated the population issue is only 3,000 people, which is not politically significant compared to the population of the entire District; and his hope is that the Board sends the proposal back to the Committee with the understanding that the error in redistricting can, and should, be corrected.  He stated at the last Board meeting when the redistricting was discussed, Commissioner Fisher pointed out to Commissioner Infantini that splitting apart Melbourne Beach and Indialantic would not change where parents send their children, which is true, but it is not the issue; compactness is the issue, and preserving the ability of citizens to relate to each other and their representatives through a community of shared interests; and stated it also forms the basis of Section Two of the Voter's Rights Act.  He recommended a book by Frank J. Thomas, called Melbourne Beach and Indialantic, and is a picture history of the twin cities going back to the early 1800's.

 

Commissioner Anderson stated previously, Satellite Beach and Indian Harbour Beach had been split apart between Districts 4 and 5; and inquired what would be the difference between that split and the split of Indialantic and Melbourne Beach.  Mr. Fusscas replied had he served on the Redistricting Committee that split Satellite Beach, he would not have voted for that either.  Commissioner Anderson noted 10 years ago the Committee split Satellite Beach and Indian Harbour Beach, and he considers those two towns as the same as Indialantic and Melbourne Beach.  He advised he has no way to access his office without driving through Commissioner Infantini's District; he either has to drive I-95 through District 3, or drive north on Minton Road, of which half belongs to Commissioner Infantini; and stated a precedent has already been set in that he has to drive through District 3 in order to get to his office on Sarno Road.  Commissioner Infantini pointed out that she and Commissioner Anderson share Minton Road.  Commissioner Anderson stated 10 years ago, the issue could have been challenged by then-Commissioner Helen Voltz, to say that she could not access Sarno Road.  He further stated that the old redistricting map went halfway down the Melbourne Beach Causeway and went across the water to the north, and then cut into between unincorporated Indialantic and the Town of Indialantic.  Mr. Fusscas stated Commissioner Anderson is correct, and government is a function that develops and improves as time goes by, and it adheres to principles that it should have adhered to in the past; and stated he thinks he is addressing the principles that should be adhered to in the future. 

 

Commissioner Infantini noted Commissioner Anderson has the Eau Gallie Causeway, which she no longer has.  Commissioner Anderson stated he had sided with Commissioner Infantini at one point because he was concerned about going along the river and then having to go back; but when he looked at the current map, it does the same thing to the north.  Commissioner Infantini pointed out that Commissioner Anderson still has a bridge to go over, whereas she does not, she only has half of a bridge. 

 

Mr. Fusscas stated Commissioner Infantini has two problems; one is that she cannot access her District from the south because she would go through another county; and she cannot go to the north because she has District 5 that impedes her going across the causeway.

 

Commissioner Anderson inquired where Mr. Fusscas would propose the 3,000 citizens to be picked up from.  Mr. Fusscas replied the mainland.  Commissioner Anderson stated it would have to be from District 5; with Mr. Fusscas agreeing.  Commissioner Anderson stated if the District moves toward Lake Washington, it would cascade back north.  Commissioner Infantini pointed out that there is a precinct in West Melbourne. 

 

Chairman Nelson inquired how Cape Canaveral was involved in anything when it is literally in the heart of the district.  Mr. Fusscas replied when the Committee talked about drawing the lines, there was a recommendation in the Cape Canaveral area, but it was only discussed.  Chairman Nelson inquired if Mr. Fusscas was confused with Cocoa, as Cape Canaveral is surrounded by District 2 and there are no districts adjacent to it; and noted he lost portions of Cocoa to Commissioner Fisher. 

 

Commissioner Fisher inquired how many times the Committee met; with Mr. Fusscas responding once per month for approximately six months.  Commissioner Fisher inquired as the decisions were being voted on, were they all unanimous except the one currently being discussed.  Mr. Fusscas replied yes, they were. 

 

Commissioner Anderson stated Chairman Nelson had some concerns at the last meeting, and inquired if he still has concerns about his district.  Chairman Nelson replied his only concern was squaring up the boundary, but it is not a big issue for his District; stated Commissioner Fisher will now have more drainage; and he does not have a problem with the proposed plan.

 

Mr. Scott expressed appreciation to Dave Jordan and Candy Hanselman, from Planning and  Development Department; and stated Mr. Jordan took it upon himself to master the software and did a good job.  Commissioner Fisher expressed appreciation to the Redistricting Committee. 

 

The Board adopted Resolution No. 11-267, adopting District Boundaries; directed the Clerk to the Board to enter said descriptions into the meeting's minutes and for a certified copy of the meeting's minutes for this item to be published at least once each week for two (2) consecutive weeks in the Florida TODAY, per Chapter 124.02, Florida Statutes; and requested that the Supervisor of Elections recommend and approve precinct alterations required by the Board of County Commissioners district boundary changes.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson

NAYS:                Trudie Infantini

 

 

Ian Golden, Housing and Human Services Director stated at the beginning of November staff came before the Board and received approval to terminate an Agreement with the Department of Children and Families (DCF) for child care licensing, where it acted as the pass-through for dollars to the Department of Health to do licensing within Brevard.  He added, the Department of Health put in its 30-day notice to cancel its contract with Brevard County, and it is following the process; subsequent to that, DCF and the Department of Health have worked together to create a transition plan with a transfer of services accruing January 1st; and this would remove the termination.  He stated the agreement staff is asking to pass would then changed the current contract with DCF; to change the end date, and the dollar amount to ending on and including December 31, 2011, and change the dollar amount to $34,606 to $15,730.

 

The Board approved rescinding Termination at Will, without cause, of the Delegation Agreement with the State of Florida Department of Children and Families for the Child Care Licensing and Enforcement Program for FY 2011-2012; and executed Amendment to the Delegation Agreement which revises the funding allocation and end date.   

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

Kim Williams, Human Resources Manager for United Parcel Service (UPS) in the State of Florida, stated in the State of Florida, UPS has 42 operating facilities, over 15,000 employees, 416 UPS stores, eight freight locations, and 32 supply chain locations; and specifically in Brevard County, there are facilities in the Cities of Palm Bay and Rockledge.  He went on to say UPS anticipates, as a company delivering over 120 million packages in the State of Florida, hiring over 3,000 driver helpers and over 1,000 inside employees just for seasonal help.  He added, prior to 2009, UPS used Pods in garages to store packages in gated communities so it could use golf carts to deliver in those communities; and in 2009, the Florida legislature passed legislation to allow them to use golf carts on roads with posted speed limits of 30 miles per hour or less, so they expanded that to other residential areas.  He stated UPS does this because it reduces emissions by almost one million metric tons; it allows earlier delivery times, helps get vehicles out of the neighborhoods after dark, and get the deliveries done during the day, typically when people are at work and kids are in school; and it provides opportunities to the residents, as UPS likes to hire the people who live in the neighborhoods to drive the golf carts and be the helpers in those neighborhoods.  He went on to add that it saves over 1,000 gallons of gas and reduces over 60,000 miles.  He advised each golf cart driver receives about three hours of classroom training, and the first day they go out with a supervisor; the supervisors go back and do periodic observations; UPS uses over 700 teams throughout the State of Florida, using garages and Pods, with little to no public opposition throughout the State; and the company has been doing this for a little over five years.  He stated UPS does not believe it is a commercial activity, and until this past year there was really no opposition to what they were doing.  He went on to say he provided the Board with a copy with some language, similar to what they did in another county, because there was some opposition raised in that county; they provided them some legislation to help with that opportunity; the only real opposition they have is from their own employees; the matter is pending arbitration within the Teamsters local union; and other than that, they have received overwhelming support throughout the State.

 

Commissioner Fisher stated he was not aware of this whole operation until a call came to his office from a citizen within the last couple of days; he asked staff to play a video of a news report relating to Seminole County; and advised that Senator Thad Altman was actually a part of this.  Chairman Nelson stated while the Board is waiting for technical assistance, he would call a few more of the speakers.

 

Keith Curry stated what UPS is doing is basically a package delivery business right next door to a person; stated most citizens would have a problem with having a package delivery business beside their homes for three months; and he thought the Codes were clear about running a business in a residential neighborhood.  He requested that the Board stop this from happening.  He stated those packages always got delivered before and they always will, and it will not change either way.

 

Chairman Nelson inquired what are the County's rules relating to what UPS is actually doing. 

 

Robin Sobrino, Planning and Development Director, advised staff would view the enterprise as being, in essence, a distribution center, commercial use; the allowance for Pods in a residential area was crafted in 2007, and it was very specific in addressing storage needs of a homeowner either during renovations of their home or in the process of packing their belongings to move on to another location; in recognition of that on-demand storage need, the Board approved the allowance for Pods with the stipulation that they could not be on a developed residential property for more than 15 days, because the intent was to have them temporarily to address the storage need and then to be transported off-site; and the only exception to that is if there was an ongoing renovation with a building permit associated with it, where it could stay there for the duration of the building permit.  She added, there is an allowance for Pods on commercial properties, which specifically recognizes it is there in order to accommodate a merchandiser's need for seasonal inventory, which may be in excess of its typical inventory.  Chairman Nelson inquired if the use described by UPS to the Board would not be permitted under the County's Codes; with Ms. Sobrino responding affirmatively.

 

Chairman Nelson inquired what the State approved regarding golf carts, if it made them road worthy, if there is any criteria, or did it say any golf cart can go on a street if delivering packages.  Ms. Sobrino replied she believes the State Statute makes reference to a certain minimum standard for road-worthiness of the vehicles.  Chairman Nelson inquired what would those things be, and if they would have to have tail and head lights.  Ms. Sobrino advised typically, when staff reviews requests for golf carts on public roads, they usually require such things as headlights, brake lights, and seat belts.  Commissioner Infantini stated she thinks it only requires brake lights and turn signals because unless a person is going to be driving at night he or she would not need headlights; and she does not believe seat belts is one of the rules.

 

Morris Richardson, Assistant County Attorney, stated in Chapter 316 of the Florida Statutes, there is a section that says seasonal delivery personnel may use certain golf carts for the purpose of delivering express envelopes and packages; and it lists a maximum size and weight, and can only be done in a residential area that has a posted speed limit of 35 mph or less.  He added, when using a low speed vehicle and utility vehicle as defined, and then golf carts, upon certain other roads with posted speed limits of 30 mph or less they must be marked in a conspicuous manner with the name of the delivery service, equipped with minimum equipment, including head lamps and tail lamps, and other additional safety requirements that are set forth in Chapter 316, Florida Statutes. 

 

Chairman Nelson inquired if the Statutes say anything about trailers, because he saw one last night in his neighborhood with a trailer attached. Mr. Richardson replied it may be under the low speed utility vehicle definition.  He added, there are a few cross references that reference other statutory sections, but he would need a little time to look at that.  He pointed out that in addition to the zoning issue that Ms. Sobrino raised with regard to the commercial operation in a residential zoning classification, it sounds like these locations do not have business tax receipts, and the Code is pretty clear that there would be a business tax receipt requirement; and there appears to be a violation there as well.

 

Commissioner Bolin inquired if the residents who are actually renting their garages out were in violation of the County's Codes.  Mr. Richardson advised they are at a minimum in violation of being in a residential zoning district and conducting commercial activity there; they are in violation of the zoning codes; and depending on how it is looked at, either the resident or UPS could be in violation of the business tax receipt requirement.  He stated it looked to him like UPS was in violation of the business tax receipt requirement and the resident is in violation of the zoning code.

 

A video was shown to the audience relating to a Channel 9 news story about UPS using Pods in residential areas in Seminole County.

 

Commissioner Fisher stated he will not be supporting the request from UPS.

 

Clayton Jeffries stated he has many concerns of the repeated Code violations in Brevard County by UPS, an employer who employs in the State of Florida more than 10,000 persons in a delivery business; UPS as a corporation has chosen to blatantly and knowingly violate the Code of Ordinances in Brevard County and the individual cities within the County by operating businesses out of homes, garages, and storage Pods throughout the County; UPS knows very well that they are not allowed under the Code to operate a residential delivery business out of a home in Brevard County; and knowing that, they have chosen to violate the Code and do what they want, when they want, and where they want.  He went on to say only after being caught and called by Code Enforcement on numerous complaints about their business model in Brevard County, they are here before the Board tonight to ask for its approval; citizens do not want commercial businesses ran out of their neighborhoods, that is why they are zoned residential; UPS is only after news stories; and numerous cities in the County have citied them for the same Code violations.  He added, UPS officials just went before the zoning board in Seminole County on November 2, 2011, to request a change in the zoning in unincorporated Seminole County, which they were denied by a 4:2 vote; and UPS will have to go before each city and county board to ask their permission to allow their business model.  He advised UPS has been delivering in Brevard County for over 40 years and has always done this with the same brown trucks everyone is familiar with, never needing to use residents' homes, garages, or Pods, only their dependable drivers and brown trucks.  He stated the same number of packages will be delivered; the same number of homes will receive their packages; and a normal UPS driver in his secured brown truck will always have what they have had for the past 40 Christmases.  He urged the Board to say no to UPS.     

 

Anna Johnson stated it is illegal and against State Statute 316.212, and in her City of Rockledge, Ordinance 21-7 to drive a golf cart in her community; and there are only a handful of streets that a golf cart can be driven through, all within a one-mile radius of a golf course.  She went on to say that all of these are illegal setups that UPS has and are no where near a golf course; the laws are created and carefully thought out for the citizens safety; and inquired why UPS, year-after-year, breaks the law and the Codes that are in place for a reason.  She stated other businesses in the County have to get permits and licenses, and they cannot drive golf carts on the streets; and inquired if UPS should be exempt from this.  She noted UPS has well over 300 Pods right now in the State of Florida, the majority of them without permits; times that by five years that they have been doing that; and inquired if the Board can imagine the amount of revenue UPS has taken out of the cities by not paying those permits.  She pointed out this is a company that has been doing business for 105 years in a brown truck, and now they are coming in with these Pods in the neighborhoods.  She added, the HR Manager for UPS stated on the news that if they did not have the permits they were getting them; but in the same interview he said he was not aware permits were needed; and he just contradicted himself to cover up lies.  She explained the bottom line is a business cannot be ran out of a garage or Pod without a permit; she does not want the Pods in her neighborhood; and she does not want UPS running a business out of her neighborhood.  She stated the golf carts are unsafe; they have no seat belts, horns, turn signals, or tail lights on either the golf cart or the trailer; the packages are exposed on the back of the trailer; and they are not under lock and key like they are on the big brown truck.  She went on to say UPS ships firearms, alcohol, and prescription drugs; there are children in the community, and if one of those children were to get one of the packages left unattended, it is like a ticking time bomb waiting to happen; and stated UPS is putting corporate profits over the citizens safety.  She submitted pictures to the Board showing UPS violating the law.

 

Sean Mason stated he was a former UPS driver in Seminole County; last year, while he was a driver, UPS had over a dozen violations; his son was ran off of a sidewalk by a golf cart; and UPS was using the sidewalks to circumvent the speed limit.  He stated the trailers hooked to the golf carts are not street legal.  He went on to say the restrictions began yesterday and UPS has already violated them; they have a trailer they made that looked like a dog wagon box on the back of the cart; they are using the same illegal street car trailers; and they are putting probably 200 pounds of plywood on top of the trailer.  He advised there are no lights on the trailer according to the agreement with Seminole County, so every time UPS is given a chance, they violate it.  He went on to say they are still storing gas in pods in certain locations; they still do not always pull permits; but they have been on Channel 9 five times this year; and they were just on FOX News last night at 6:00 p.m. and 11:00 p.m. about how UPS is violating the Code Enforcement in Brevard County.  He informed the Board that Mr. Williams spoke at both of the meetings and stated they only put six to eight packages on the golf carts, but they actually put 30 to 50 packages on the golf carts; they stack them to where the driver cannot see behind them; two weeks ago he witnessed packages fall out of a golf cart in Baldwin Park; he had to call UPS to come get them; and the Orlando Police Department came out, as those packages were sitting in the street for two and a half hours unattended.  He added, Senator Altman informed him that the golf carts were intended to be electric and environmentally friendly; UPS has not followed that; and there was not supposed to be trailers.  He stated just the other day in Brevard County, UPS had an 18 year-old without a drivers license driving for several weeks, and they finally realized he did not have a license and pulled him off the road.  He stated UPS made $1.6 billion last quarter; and if anything, they are robbing Brevard County and every county in the state.  He stated any county in the State of Florida should not allow this; UPS has done this for 105 years without any problems; and they do not need golf carts out on the roads and Pods in neighborhoods.

 

Patrick Johnson stated he is a 20-year employee of UPS at the Longwood facility in Seminole County; and he is speaking on behalf of the people of Brevard County on safety.  He went on to say UPS is focused on safety; and the seasonal employees are trained them constantly.  He added, UPS does drive the golf carts after dark as they deliver until 8:00 p.m. to 8:30 p.m. at times; the majority of the carts have running lights and reflectors; they are getting golf carts with working lights, but when they pull the trailer it blocks all the back lights so a person cannot see them stop, turn, or other lights; and the trailers only have reflectors.  He pointed out on the trailer breakaway there is only a drop pin; they are supposed to use another type of pin to keep that from happening; generally, the non-trained employees do not want to take the time to hook that back up; and if it does come off, there are State laws that anyone pulling a trailer generally has to have safety chains in the event of the pin coming loose.  He stated he would like the safety pins to be mandatory.  He stated if the carts had lights, turn signals, and hazards, he himself would not have an issue, and he would like to see a stated term of training where a person would understand the standard rules of the road.  He added, the trailers are garden trailers from Tractor Supply and only good for 5 mph; they are being pulled from 13 to 20 mph and the wheels do come off, which is another safety issue.  He stated Seminole County said UPS must have enclosed trailers to keep their packages in and it must be locked and secured so no one can tamper with the packages; there are TSA rules for delivery companies and what they can and cannot do; and one of the things they said is the packages must always be secure. 

 

Commissioner Fisher stated this is a land use item and it must be advertised with two public hearings, and there is no way to do this immediately; the Board cannot pass this even if it wanted to; and he thinks the Board is at a point this item can be moved along.

 

Chairman Nelson advised there is one more speaker.

 

Janet Mason stated she is a former UPS driver; UPS is making money; and they are a good company.  She stated gasoline powered vehicles are not to be parked in pods, much less containers.  She added, the drivers have to be 21 years old to deliver some of the packages; and there are heart medications, alcohol, and other items children can get a hold of when packages fall off the golf carts.  She advised as an example, there was a trailer that came unhitched from a truck in Lake County, not a UPS trailer, but it went off of the side of the road and killed three children.  She requested that if the Board allows this, there should be a lot of safety rules set and UPS needs to comply.

 

Commissioner Anderson stated the Board cannot make a change to the Code of Ordinances because it has to be legally advertised.  He stated UPS cannot do this in Brevard County; maybe next year if they want to come before the Board for an ordinance change that is fine; but the Board will have a lot of questions for them.

 

Commissioner Fisher stated there is a $500 a day fine that needs to be enforced for the ones that are already set up in neighborhoods today; and he is shocked that UPS, which is a great company, is allowing this to tarnish their image.

 

Commissioner Bolin stated UPS is in violation and the residents who are participating are in violation; she does not want it going on in communities; she wants it gone tomorrow morning; and inquired what the Board can do to make that happen.

 

Mr. Richardson advised the typical Code Enforcement procedures provide for notice of violation and opportunities are aimed at residents of the County who are there long-term to give them time to cure; for something like this, it looks like there is a violation of the business receipt requirement by UPS at each of these individual locations, and that has up to a $500 a day fine, or up to 60 days jail time; for the zoning violation, which would apply to the residents who are allowing this on their property, it is the same penalty; and that is under Section 62-1105, Brevard County Code.  He added, that would be administered by the Sheriff; someone would have to contact the Sheriff; he had an initial conversation with the Sheriff this afternoon to see how it would be handled; typically, what they would do for a violation of this nature is issue a Notice to Appear; they could require the resident or representative of the corporation to appear in court; and they could even arrest someone for continued violations on the spot.  He went on to say the penalties would build up quickly at $1,000 a day total for each location.

 

Commissioner Bolin inquired if the Board could put everyone on notice right now that the violation exists and that it will be enforced; stated what she is worried about is because this is seasonal and there is a short window of time, it needs to be shut down as fast as possible, it could go on for weeks; and inquired how the Board can do that.  Mr. Richardson advised to avoid it being drug out like that, instead of treating it as if it were a normal Notice of Violation with opportunity to cure by Code Enforcement, the way to do that is to go through the Sheriff and have him handle it under Chapter 62-1105 and 102-27, which provide for those fines he mentioned earlier.

 

Commissioner Infantini stated she thinks some of the decisions being made were not the best; however, UPS's decision to employ high school and college kids is fantastic; it is hard for children to get seasonal employment; and for that, she applauds UPS.  She went on to say many businesses hire a lot of part-time people.  She added, having Pods in neighborhoods is not the best choice; unless someone is earning revenue from a Pod being there, that is not actually conducting business if a person is not generating a profit.  She stated UPS needs to clean up some things, but she does not think the Board should quickly shut someone down.

 

Commissioner Fisher stated if someone is illegally doing something, the Board should shut them down.  He went on to state he uses UPS; his packing costs have not gone down at all; and if UPS is saving money, it is not saving the customer.  He inquired if Mr. Williams understood he is in violation of the County's Code.  Mr. Williams replied affirmatively.  Commissioner Fisher inquired if his intentions were to immediately cease and stop the Pod and packages.  Mr. Williams replied yes, or move them to a commercial area and get a permit.

 

Commissioner Nelson stated clearly, some of those golf carts do not meet the requirements of the State law; and inquired what Mr. Williams is going to do about that because the lights could not be seen on the back of those trailers.  He advised the State has stuck its neck out on behalf of big delivery companies, but there was no compliance; and further inquired what was going to be done about that issue.  Mr. Williams advised all of the golf carts UPS uses are in compliance with State Statutes, which state that lights or reflective tape are to be used, and trailers have reflective tape on them; UPS is not in a position to violate a State Statute that was put in place; and they have been doing it for years and it was never a problem until recently.

 

Commissioner Nelson stated UPS has used Brevard County neighborhoods for purposes that were never intended, and that has nothing to do with the labor issue; he believes UPS to be a quality company; and he is disappointed to find the County and surrounding counties in this mess.  Mr. Williams advised they sought the approval of homeowners associations or homeowners; until this past year, there have not been issues across the state; if there were, they were taking care of them and moving them; and stated UPS will be in compliance.

 

Commissioner Anderson inquired if UPS has insurance requirements for the golf carts.  Mr. Williams responded affirmatively.  Commissioner Anderson inquired if the seasonal employees still get hired for the pre-load, local sort, and driver helpers, and if those positions will still be hired, even if the provision by State Statute is for seasonal work.  Mr. Williams responded affirmatively.

 

Chairman Nelson expressed his appreciation for the speakers bringing this item to the Board's attention. 

 

Commissioner Bolin expressed her appreciation to Anna Johnson for all the research she has done.  She stated she has a complete listing of all the locations that are in violation and the amount they have been paid to do this service.

 

Chairman Nelson stated the one cart he saw in his neighborhood was being loaded after dark, not at the house but at a property just up the street; the golf cart was not properly lighted for night time; and he would like that message to get out because someone is going to get hurt under those circumstances.

 

Mr. Richardson stated since there were questions by staff of how to enforce these particular violations, staff is requesting a motion with direction to enforce the business tax receipt violations and code violations if they persist, through contact with the Sheriff's Office and enforcement by available fines as were discussed earlier in the meeting.

 

Chairman Nelson advised by Tuesday, he would like UPS to be in compliance and with a commitment that it will not continue the bad practice to empty the Pods that have packages in them.  He inquired how UPS plans on removal of the Pods and moving them to locations that would be legal.  Mr. Williams advised they would go to the locations and identify if there is an alternate location, contact the Pod company, get it moved, get the golf cart moved, and have a permit pulled before they can do that.  He stated he has given his commitment as an organization that it will be taken care of.  Commissioner Fisher inquired if Tuesday of next week be enough time.

 

Commissioner Infantini inquired if staff can pull the permits by Tuesday; and what if staff had a back log problem.  Commissioner Fisher stated there is a facility in Rockledge.  Chairman Nelson advised the key thing is that they are moved to where a permit can be obtained.

 

Commissioner Fisher stated he will second the motion that they could be moved by Tuesday.

 

The Board directed staff to enforce the business tax receipt and Code violations by UPS, through the Sheriff's Office, and to enforce available fines as discussed; and for the Pods and golf carts be removed by UPS from residential area locations by Tuesday, December 6, 2011.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Upon Board consensus, the meeting was adjourned at 7:07 p.m.

 

 

 

ATTEST:                                                                                                                                

                                                                        CHUCK NELSON, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK