MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 11, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 11, 2006 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Sue Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

The Invocation was given by Commissioner Sue Carlson.

 

 

Commissioner Colon and the Brevard Chapter of the Sons of the American Revolution led the assembly in the Pledge of Allegiance.

 

 

Chair Voltz read aloud a resolution proclaiming July 11, 2006 as Patriot’s Day.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming July 11, 2006 as Patriot’s Day and encouraging the community to support and honor all Patriots who have served so courageously in the past, honor all men and women who currently serve, and continue to stand together, united, as a nation built on freedom and liberty from the sacrifices of those who have gone before us.  Motion carried and ordered unanimously. 

 

 

The Brevard Chapter of the Sons of the American Revolution accepted the Resolution, and expressed appreciation to the Board.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the minutes of the December 15, 2005, February 23, 2006, and April 18, 2006 Special Meetings.  Motion carried and ordered unanimously.

Chair Voltz advised the public has pulled items I.A.45 and I.B.5 from the Consent Agenda for discussion; Commissioner Scarborough would like to discuss I.A.1; Commissioner Carlson requested I.A.19 be discussed; and Commissioner Pritchard requested I.C.3 be discussed.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to apply for funding from the U.S. Fish and Wildlife Service in the amount of $30,583 to implement a Countywide Caracara bird survey, with no in-kind or matching funds required.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve both the wetland restoration plan and the restoration plan as submitted to the Natural Resources Management Office by Mead Buckley, contractor for Parcels 27-36-22-00-00751.0 and 27-36-22-00-00766.0 located south of Eau Gallie Boulevard and west of I-95.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the surface water restoration plan for the parcel located at 2202 Rockledge Drive, which will resolve the Surface Water Protection violation for Action File #04-3542.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the wetland enhancement plan as submitted to the Natural Resources Management Office, providing the appropriate documentation and direction necessary for wetland impacts at 505 Pine Island Road.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the restoration plan in resolution of Surface Water violation for Action File 05-1819 for James Heck for property located on the east side of Highway US 1 in Grant.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Mitigation Plan for Wetland Impacts as submitted to the Natural Resources Management Office and  St. Johns  River  Water  Management  District  by  Glen  Rohm,  American  Dream  Homes

International, et al, which will resolve the Wetland Protection violation for Action File #05-1425 on property located between Highway U.S. 1 and Old Dixie Highway in Grant.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract with The Viera Company dated October 11, 2005 for Terramore Subdivision.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract with The Viera Company dated July 26, 2005 for Sunstone Subdivision, Phase 1.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract with Walkabout Residential Company, LLC and Walkabout Golf and Country Club, LLC dated December 14, 2004 for Quantam Place at Walkabout.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant preliminary plat and final plat approvals for Highlands at Viera, Phase 2, subject to minor changes, if necessary, receipt of all documents required for recording, and developer obtaining all other necessary jurisdictional permits; and execute Contract with Brookwood Residential Properties, LLC for the project.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approvals for Kid Creek Estates,  subject  to  minor engineering

changes as applicable, and developer obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approvals for Heritage Isles, Phases 6, 7, and 8, subject to minor engineering changes as applicable, and developer obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant preliminary plat approval for Harbor Island Condominiums.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the 15-foot vegetative buffer tract requirements for Eagle Crest Preserve to allow the 15-foot area to be placed in landscape easements on the lots.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Donnie Smith for construction of a road in existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final plat approval for Preserve Point Subdivision, subject to minor changes, if necessary, receipt of all documents required for recording, and developer obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the amended amount of $1,115,170 for the Community Development Software Program awarded to Accela, Inc.; and authorize the Chair to sign the Amendment.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve appeal of Joanna R. Stone for a waiver to the buffer wall requirement, Section 62-3204(g), along the west property line for Brevard Marine Service.  Motion carried and ordered unanimously.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Extension Agreement with Indian River No. 1 Development, Inc. guaranteeing infrastructure improvements to Aquarina Boulevard.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the project funding recommendations as prepared by the Technical Advisory Committee for the North Mainland and South Mainland Transportation Impact Fee Benefit Districts; approve Budget Change Requests required to implement project appropriations; and authorize the Chair to execute Disbursement Agreements with the City of Titusville, City of West Melbourne, and Town of Malabar.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Binding Development Plan with Douglas Macaluso for property located on the north side of Carter Road, east of U.S. 1.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing to be held on July 25, 2006 to consider a resolution accepting improvements and adopting the final assessment roll in the Serna Avenue Road Paving Municipal Service Benefit Unit (MSBU).  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution authorizing the acquisition and construction of assessable improvements for  Morningside  Drive

Road Paving Municipal Service Benefit Unit (MSBU).  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to ratify the County Manager’s action authorizing an Emergency Purchase Order for the Port St. John Parkway Road Project in the amount of $311,248.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the County Manager to execute a Purchase Order for an amount not to exceed $213,566.50 for the purchase of road base material to be utilized for the construction of the Port St. John Parkway Road Project; and ratified the County Manager’s action authorizing a Purchase Order exceeding the limit set forth in BCC-25 by $40,468.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Right-of-way Use Agreement with Wingate Estates District Association, Inc. for installation and maintenance of landscape improvements within the public rights-of-way in Wingate Subdivision, Phases 1 through 6 in Viera.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution and execute Renewal Lease Agreement with Florida East Coast Railway Company (FEC) for lease of space for street encroachment at Mile Post (MP) 168+1111’ (West Railroad Avenue) in District 1.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the Phase 1 Environmental Assessment, and execute Contract for Sale and Purchase with Olin A. Amidon, Trustee, for property needed for the Wickham Road Widening Project, between Nasa Boulevard

and U.S. 192.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with C. Leslie Howard, Jr. and waive the Phase 1 Environmental Assessment, deed and plat restrictions, and all Florida Power & Light, BellSouth, and Public Utility easements for Parcels 137 and 741 needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the Phase 1 Environmental Assessment and execute Contract for Sale and Purchase with Martique Corporation, Monique A. Levermore, President, for Parcel 134 needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing and commending Richard W. Thompson, P.E. for his service to the public, and offering its best wishes for an enjoyable retirement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept the Utility Easement in favor of Brevard County from Lutheran Retirement Campus of Merritt Island, Inc.; and waive the Phase 1 Environmental Assessment.  Motion carried and ordered unanimously.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution for the cancellation of real property taxes on property acquired for public purposes.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Policy BCC-72, Placement of Bus Shelters and Benches in Rights-of-way.  Motion carried and ordered unanimously. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to certify the revenue percentage allocations, as submitted, and directing County Finance to submit the allocations to the Department of Revenue (DOR).  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Selection Committee’s recommendations regarding the Continuing Consultant Contracts; appoint a Negotiation Committee consisting of County Manager Peggy Busacca, County Attorney Scott Knox, and Transportation Engineering Director John Denninghoff or designee, to negotiate fees for the services; authorize the Chair to sign the associated Contracts; and authorize the County Manager or designee to execute renewal options as outlined in the Agreements.  Motion carried and ordered unanimously.

 

 

            SWEETING;   WAIVE  PHASE  1  ENVIRONMENTAL  ASSESSMENT,   DEED

            AND PLAT RESTRICTIONS,  TITLE INSURANCE,  ALL FP&L,  BELLSOUTH,

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept the Temporary Construction Easement from Lenard and Faith Sweeting; waive the Phase I Environmental Assessment, deed and plat restrictions, title insurance, and all Florida Power & Light, BellSouth, and Public Utility easements for Parcel 735; and grant permission for the Land Acquisition Office to order payment in the amount of $4,350 for the easement and conduct the closing for the property needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the Phase 1 Environmental Assessment; and execute Contract for Sale and Purchase with BPG Properties, Dr. Bradley P. Grant, Manager, for property needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the Phase 1 Environmental Assessment; and execute Contract for Sale and Purchase with Robert J. McGervey for property needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept a Deed for the John Rodes Boulevard/Sheridan Road Intersection Improvement Project; waive the title policy requirement; and approve payment of $1,512.00 to Mr. and Mrs. In Hwan Hwang.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the Phase 1 Environmental Assessments; and execute Contracts for Sale and Purchase with Richard R. and Jody Stork for parcels needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the publishing of the exchange terms and conditions with Diamonte Sands, LLC for exchange of property for the SPRA Park property to enhance the safety of the traveling public in accessing both Parcel A and Parcel C by realigning the access to said parcels with the existing intersection at State Road A1A.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve and authorize the application for Urban County requalification with the U.S. Department of Housing and Urban Development (HUD) to receive Community Development Block Grant (CDBG) and HOME Funds; and authorize the continuance of Cooperative Agreements with the cities/towns; and authorize the County Attorney to sign the mandatory letter for submittal to HUD by July 12, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to appoint Brenda Warner to serve on the Affordable Housing Council to fill a vacancy for an At-Large Representative.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve SHIP grant funding in the amount of $45,000 to The Niche, LLC; and authorize the Chair to execute the Contract contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the expenditure of $67,300 to refurbish the Savannahs Golf Course greens 10 through 18.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Chair to execute Florida Power and Light’s (FPL) standard Underground Distribution Facilities Installation Agreement, FPL Underground Road/Pavement Crossing Agreement, Underground Conduit Installation Agreement, Transformer Pad Location and Specification, and Easement for construction and maintenance of electric utilities required for Mitchell Ellington Park.  Motion carried and ordered unanimously. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge the Heritage Isle at Viera Community Development District Proposed Year 2006-2007 Debt Service and General Fund Budget.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize rejection of the sole bid received from Modular Building Systems of $205,998 for Bid # B-5-06-70, Fire Station #67 Modular Replacement; and authorize re-solicitation of new bids under revised specifications.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Special Magistrate’s Recommended Order to grant Douglas and Nancy Simon’s vested rights petition and record.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Special Magistrate’s Recommended Order to grant Robert and Michelle Naberhaus, III’s vested rights petition and record.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution approving commercial paper loan for the Morningside Road Paving MSBU and Community Development Permitting Information System projects; authorize the Chair and County Attorney to sign the necessary loan documents; and authorize staff to make necessary budget changes.   Motion carried and ordered unanimously. 

 

 

 AUTHORIZE PUBLIC HEARING, RE:  ORDINANCE RESCINDING SELECT COMPANY TAX

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize a public hearing on August 8, 2006 to consider an ordinance rescinding tax abatements of select companies that no longer qualify.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to utilize its current Board approved Continuing Construction Management Contact with BRPH Construction for the construction of an enclosure at the Barefoot Bay Water Treatment Plant; and authorize the Chair to execute the associated Contract upon review and approval by the County Attorney’s office.  Motion carried and ordered unanimously. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve recommendation of continuing “as is” Policy BCC-007, Drug and Alcohol Testing of Applicants and Employees.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the County Manager to enter into a Memorandum of Understanding Agreement with Volunteer Brevard to provide volunteer opportunities within County government.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the general prohibition of mandatory arbitration clauses and execute Agreement with Florida Power & Light Company for Emergency Preparedness for FY 2006-07 and FY 2007-08; and authorize the County Manager or her designee to sign all future submission to this Agreement.  Motion carried and ordered unanimously. 

 

 

APPOINT NEGOTIATING COMMITTEE TO NEGOTIATE AND AWARD SOLE SOURCE       CONTRACT TO COMMUNICATIONS INTERNATIONAL, INC.; GRANT PERMISSION

            TO ADVERTISE AND AWARD REQUEST FOR PROPOSALS, APPOINT SELECTION

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to appoint a Negotiating Committee consisting of Emergency Management Director Robert Lay, Assistant County Manager Ed Washburn, and County Attorney Scott Knox or designees to negotiate and award sole source Contract to Communications International Inc., Vero Beach, for M/A-Com radio system backbone and  user  terminal  equipment  maintenance;  authorize  Robert  Lay  to

process and execute annual Contract renewals for the term of the initial Contract and any subsequent extensions; grant permission to advertise and award Request for Proposals for Miscellaneous Radio Maintenance Services; appoint a Selection Committee consisting of Charlie Burton, Lisa Morgan, Ron Spangler, Tom Leonard, and Ron Voll; authorize the Chair to execute the Contract; and authorize Robert Lay to process and execute annual Contract renewals for the term of the initial Contract and any subsequent renewals.  Motion carried and ordered unanimously.             

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the revised precinct legal descriptions due to annexations by the Cities of Cocoa and Melbourne, including those that were approved in the Melbourne annexation special election on June 6, 2006.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution amending Resolution No. 06-147 that created the District II Sports Advisory Committee, amending the Committee from ten to eleven members and eliminating the District II Commission office ex-officio member.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge receipt of the Citizens Financial Report for year ended September 30, 2005 with the report summarizing how the County generates revenue, what services the monies are used for, and five-year economic trends.  Motion carried and ordered unanimously. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge the Brevard County Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2005  with  the  Report presenting the financial position and results of operations

of the Board of County Commissioners, Charter Officers and dependent districts.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize expending $95,888 of Sheriff’s State Forfeiture Funds for the purchase of capital equipment and establishing a budget for training and education conferences in accordance with Sec. 932.7055(5), Florida Statutes; and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to appoint Lynn Smith, Dan Bears, Dan Tweed, Gina LaSpina, Jesse Smiley, Jim Kendig, Brian Rye, Mike Erdman, Tim Dunn, Mike Gaudy, Jeff McLean, and Tom Dean to the Merritt Island District II Sports Committee; and appoint Kevin Kaylor to the Public Golf Advisory Board, replacing Chris Patricik.  Motion carried and ordered unanimously. 

 

 

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

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Port St. John, Unit Six, as petitioned by Joseph and Michelle St. Amant.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating a portion of a public utility and drainage easement in Port St. John, Unit Six, as petitioned by Joseph and Michelle St. Amant.  Motion carried and ordered unanimously.   

 

 

           

Chair Voltz called for the public hearing to consider a resolution vacating unnamed right-of-way in Second Addition to Indian River City as petitioned by Dart Engineering, LLC.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating unnamed right-of-way in Second Addition to Indian River City as petitioned by Dart Engineering, LLC to the August 8, 2006 meeting.  Motion carried and ordered unanimously.

 

Chair Voltz called for the public hearing to consider a resolution vacating right-of-way in Brentwood Heights Subdivision as petitioned by Four Communities Fire Department. 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating right-of-way in Brentwood Heights Subdivision as petitioned by Four Communities Fire Department to the August 8, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider a resolution vacating right-of-way in Plan of Town of Pineda as petitioned by National Realty of Brevard, Inc.

 

There being no objections heard, motion was made Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating right-of-way in Plan of Town of Pineda, as petitioned by National Realty of Brevard, Inc.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision as petitioned by R. K. Engineering.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating right-of-way in Orange Gardens Subdivision as petitioned by R. K. Engineering to the September 19, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider public comment on the goals and priorities set forth in the HOME Consortium’s Consolidated Annual Plan and the recommended HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) funding priorities set forth in Brevard County’s 2006-2007 Annual Action Plan. 

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge public hearing, as required by the U.S. Department of Housing and Urban Development (HUD), for the purpose of receiving public comments on the goals and priorities set forth in the HOME Consortium’s Consolidated Annual Action Plan and the recommended HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) funding priorities set forth in Brevard County’s 2006-2007 Annual Action Plan, with approval of the funding allocations for the 2006-2007 Annual Action Plan being presented to the Board on July 18, 2006.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider an ordinance eliminating the six-month waiting period for withdrawn zoning applications. 

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1151(e) by deleting the six month waiting period for resubmission of a previously withdrawn rezoning application; 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.

 

Chair Voltz called for the public hearing to consider a temporary use agreement to allow a property zoned for EU-2 to be temporarily used as a transfer site for dredged material and storage of associated heavy equipment.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to execute Temporary Use Agreement with Merritt Island Development, LLC to allow a property zoned for EU-2 to be temporarily used as a transfer site in conjunction with the dredging of the channels leading to the Indian Bay and Meadow Lark channels leading to the Indian River.  Motion carried and ordered unanimously. 

 

 

            PARCELS FOR WICKHAM ROAD WIDENING PROJECT, NASA BOULEVARD TO  

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution of Necessity for commencement of condemnation proceedings for acquisition of parcels for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192; and direct the County

Attorney’s Office and staff to proceed with this action utilizing the “quick take” method.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider a resolution vacating right-of-way in Plat of Delespine on Indian River as petitioned by Coastal Community Church.

 

Transportation Engineering Director John Denninghoff advised of the contingencies needed for approval of the resolution. 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating a portion of Amesbury Avenue in Plat of Delespine on Indian River, contingent upon the petitioner providing easements to Brevard County for drainage and Florida Power & Light as  needed,  and  documents  approved  by  staff

and County Attorney’s office.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca advised TICO prefers the joint meeting be moved to either September 12 or August 29 rather than the scheduled August 17, 2006; and noted the Board already has a Budget Hearing scheduled for September 12 at 5:30 p.m.

 

Discussion took place on the number of times the meeting has been moved, the difficulty in setting the meeting up, the reason why TICO wants to move the meeting, the TICO member who could not attend and the reason why, and if the August 29, 2006 would be the final move. Commissioner Pritchard stated he is ready to go on the scheduled August 17; with Commissioner Colon agreeing.  Chair Voltz inquired if there were any objections to keeping the meeting as scheduled; with there being none.

 

 

County Attorney Scott Knox advised he will be in trial all next week.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to cancel the Executive Session to discuss the IAFF issues, which was scheduled for July 11, 2006.  Motion carried and ordered unanimously. 

 

 

Chair Voltz noted the topic will be addressed in a public meeting on August 25, 2006.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Steve Carberry to serve on the Merritt Island Redevelopment Agency, replacing Nick Gigante with term expiring November 29, 2008.  Motion carried and ordered unanimously. 

Motion was made by Commissioner Pritchard to appoint Ken Griffin to TICO; with Commissioner Scarborough advising the Board does not vote on TICO appointments.

 

Commissioner Pritchard advised Dr. Niazi has withdrawn his request for a private heliport.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve stopping all action on request by Dr. Niazi for a heliport at his residence.  Motion carried and ordered unanimously. 

 

Commissioner Pritchard noted his disappointment with the lack of advancement in the Palm Bay Beltway; he thinks the Board should be responsible for laying out where the potential Beltway is going to go; the land is being purchased; and a visual representation of the planned road would help.  He stated the Board needs to identify exactly where the road will run; he does not want this to turn out like Pineda; and requested support from the Board in laying it out.

 

Commissioner Colon advised she is in agreement with Commissioner Pritchard; the Beltway affects many of the municipalities in District 5; she would like to see this put on an Agenda for discussion about dollars and bonds; and the Board needs to take action and move forward. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to direct County Manager Peggy Busacca to place an Item on the July 25, 2006 Agenda for discussion of the route of the proposed Palm Bay Beltway.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard recognized Natural Resources Management Director Ernie Brown for the creation of House Bill 7175, the Vessels Package Bill; advised it was approved during the 2006 Legislative Session and signed by the Governor on June 26, 2006; and expressed his appreciation to Mr. Brown.

 

Mr. Brown stated it was a cooperative team effort, and thanked all involved. 

 

 

 

Commissioner Pritchard requested information on Shepard Park, including the request by the City of Cocoa Beach for the County to sell its portion of the park and access to the County portion being through a City tollbooth.

 

 

 

Commissioner Carlson presented a Point of Light Award from the Governor for Alisha Marie Crabtree to Alisha’s Grandmother and Mary Beth Phelps from Children’s Home Society, who accepted on behalf of Alisha who was in Washington D.C.

 

Ms. Phelps stated Alisha has been volunteering for Children’s Home Society since she was a freshman in High School; and she has volunteered 1,000 hours and was awarded the Volunteer Child Advocate of the Year last year.

 

 

 

Nora Drown, the Business Director for the Titusville Playhouse, expressed her appreciation to the Board for its support with the arts; stated the Playhouse will start its 41rst season in August with the opening of Funny Girl; the main stage productions this year will include Deathtrap, Cabaret, On Golden Pond, Camelot, and Noises Off; and it will also produce three children’s performances each year starting in February with Step on a Crack, April with The Hobbit, and in December with Babes in Toyland.  She noted the Playhouse has a new Blackbox Theater called

Emma’s Attic; it renovated the second story to accommodate the new theater space that seats 60 people; the space will be used for holding auditions, rehearsing for plays, conducting children’s workshops every Tuesday and Thursday, and producing more contemporary plays; and its next play will be a comedy collection of 10 one-acts called An Adult Evening with Shel Silverstein in October. She added this year’s grant funds enabled them to purchase new sound equipment and add a hearing impaired system that can be used by individuals in their seats.

 

 

 

Commissioner Carlson advised Steve Tindall, from The Institute of Transportation and Engineers, is going to be presenting Impact Fees throughout Florida; she thought it would be interesting to hear his perspective on this topic; and she will provide the Board with a copy of the invitation.

 

 

 

Commissioner Colon noted an article in Florida TODAY stated that she and Commissioner Pritchard should apologize for the business trip to Tallahassee last August on Mr. Watson’s private plane; she does not agree; they did nothing wrong or illegal; and requested Scott Knox, the County Attorney, address the issue of wrongdoing.

 

County Attorney Scott Knox noted the Ethics Commission found there was nothing wrong with taking a trip to Tallahassee on public business; the only thing the Commissioners were found responsible for was not disclosing the trip in a timely fashion; he disputes whether or not any kind of disclosure needed to be filed; and it is his view that when the Board of County Commissioners approved the trip to Tallahassee, it was authorization to take a trip on a commercial-type plane, which the County would have to pay for.  He stated by someone intervening and giving a private flight, the County benefits because it did not have to pay for the flight.

 

Commissioner Pritchard noted he has a three-page response to the article on his website entitled What Really Happened; the County Attorney rendered a 10-page legal opinion based on

law, decision, and other opinions of the Ethics Commission; and the legal opinion stated “the free flight was a gift expense or service associated primarily with the elected officials employed and as elected officials in the County Commission.  As such, in the opinion of this office, the Statute exempts the gift from the provisions of the Florida Statutes.  It is the further opinion of this office that as to the County Commissioners, the gift is not a reportable event under Section 112.3148, Florida Statutes.”  Commissioner Pritchard inquired if Mr. Knox had information concerning another county; with Mr. Knox replying in the affirmative; and stating Bay County had a similar incident occur; and both the Bay County Attorney and the Ethics Attorney representing the Bay County Commissioners in the Ethics Commission proceedings agree with him in his position. 

 

 

Commissioner Colon stated Palm Bay’s 4^th of July celebration was incredible; the ceremony played every song of every branch of the military and asked all in attendence to stand; and Americans are able to celebrate the 4^th of July because of the men and women who are fighting overseas.  She advised the City of Palm Bay’s Support The Troops Rally was wonderful; Senators Bill Nelson and Mel Martinez, Congressman Weldon, and elected officials from all over Brevard County attended; and thanked everyone who participated.

 

Commissioner Carlson noted she was in London for the 4^th of July; she saw the launch of the Space Shuttle instead of fireworks; and she was impressed with the coverage of the launch, and the compassion and the support the London media displayed.  

 

 

Commissioner Colon advised she attended the MyRegion event in Cocoa; MyRegion is where seven counties come together to look at a regional comprehensive plan; and it is a community meeting that gets feedback from both citizens and elected officials.  She advised the next one is in Titusville; and encouraged all to attend.

 

 

 

Commissioner Colon noted she attended the Florida Association of Counties Convention; 67 counties were in attendance; the biggest topic of discussion was growth management; and many vendors attended to present innovative and new materials to help the counties with efficiency and effectiveness.  She advised she met a Brevard County employee who had paid his own admission to attend the convention because he felt it was important to be knowledgeable on all that was out there; and expressed appreciation for his dedication.

 

 

Commissioner Colon recognized County employee Keith Alward for his value and dedication to Brevard County; with Mr. Alward expressing his appreciation to the Board for the award.

 

 

Chair Voltz stated she believes ATV riding should be treated as any other sport; and requested information on the possibility of establishing a park for ATV riders.

 

Commissioner Carlson requested information on surrounding counties that have banned ATV’s.

 

 

 

Natural Resources Management Director Ernie Brown advised the first public hearing for the proposed Natural Resources and Landscaping ordinance can be held as a special meeting; that bears a lot of relevance because of the year-long work the task force has performed; and in order to present these comprehensive and very complex changes that the task force, the BCAC, and the LPA are recommending, it may be very beneficial to establish a special meeting for the first public hearing so that the Board can get into the material in great depth. 

 

Chair Voltz requested a workshop/special meeting be scheduled to discuss the proposed ordinance and advertise it as the first public hearing. 

 

Chair Voltz noted there is confusion between the names of the Marine Advisory Council and Marine Resources Council; many people assume they are the same organization; and inquired whether one could be changed.  Commissioner Carlson noted the Marine Resources Council is a non-profit organization and the name could not be changed.  Commissioner Scarborough noted he has heard the same thing regarding the confusion. 

 

Natural Resources Management Director Ernie Brown advised he will research this; Marine Advisory Councils are common nomenclature for the advisory bodies State-wide; it is used in a number of jurisdictions as a Marine Advisory Council; and he will see if there is any other appropriate names that can be used and report back.

 

 

Laurilee Thompson advised there is a way to bring tourism to the County; in 2004, the Florida Historical Resources Act was passed by the Florida Legislature declaring the Division of Historical Resources should start to advise and assist federal and State agencies, local governments, organizations, and individuals in the recognition, protection, and preservation of the archeological sites and artifacts of the State of Florida, directly and through a Memorandum of Agreement with a network of public archeology centers; funding was established to create a whole network of archeology centers that would help to stem the rapid deterioration of Florida’s buried past and to expand public interest in archeology; and the mission statement of the Florida Archeology Network is to promote and facilitate the conservation, study, and public understanding of Florida’s archeological heritage through regional centers. 

 

Ms. Thompson noted the selection criteria for regional centers will include geographic balance, regional need, availability and willingness of a host institution, feasibility of a host institution’s proposed programs and plans, and the potential for success in areas of site protection and conservation,  as well as development or improvement  of  local  archeological  ordinances;   the

institutions that are eligible to host a regional center include State universities with local archeological programs, regional historic preservation offices, non-profit organizations that are involved in the archeology of a region, non-profit museums involved in regional archeology, local governments, and historic preservation offices of counties and municipalities; there are going to be eight regional centers throughout the State; and four have already been selected.  She stated the lead center is in the panhandle at the University of West Florida; Flagler College in St. Augustine was selected for Northeast Florida; the University of South Florida was selected for West-Central Florida; and the Florida Museum of Natural History was selected for Southwest Florida.  Ms. Thompson introduced the Director of the Brevard Museum of History and Natural Sciences, Jeanine Smith and the Museum’s Chair of the Board of Trustees, Carol Ellis; stated the Museum would be perfect for a regional center; and they want to apply for the Brevard Museum of History to become a Regional Center for the Archeology Network.  She noted it would be responsible for six counties: Brevard, Indian River, St. Lucie, Martin, Okeechobee, and Highlands; no entity is more qualified  to be a regional center than the Museum is; and requested the Board’s support along with a letter of support for the application. 

 

Chair Voltz noted she and Commissioner Pritchard both sent a personal letter, and she also has written a letter from the Board, which she read aloud. 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize sending a letter of support for designation of the Brevard Museum of Natural History as a regional archeology center, with copies sent to the Delegation members and the County’s Lobbyist.  Motion carried and ordered unanimously.

 

 

Ms. Thompson advised one thing she forgot to mention, the State will pay for a full-time archeologist to be on staff at each regional center. 

Chair Voltz noted the Sheriff is willing to provide the crew and a supervisor at each site to fill sandbags for pickup by residents.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to request a report on the cost to provide the sandbags, dirt/sand, and equipment.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz advised the Board received a plaque in appreciation of its support and dedication to the children and families of Brevard County; and asked County Manager Peggy Busacca to hang it with the other plaques.

 

 

Chair Voltz noted several comment cards were received recognizing and praising some County employees  for  their  outstanding  customer  service;  Wanda Scanes,  Dee Vincent, and  Linda

Sixto from Code Enforcement and Carl Kuehner from Map Reproduction; and extended the Board’s appreciation and congratulations.

 

 

The meeting recessed at 10:27 a.m. and reconvened at 10:44 a.m.

 

 

Commissioner Pritchard read aloud a resolution proclaiming November 2006 as Family Month.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming November 2006 as Family Month and urging all residents to spend quality time with family members to strengthen relationships between parents and their children.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to Jamie Humphreys.  Mr. Humphreys expressed his appreciation to the Board; and advised of an annual Family History Seminar at The Church of Jesus Christ of Latter-Day Saints on Fiske Boulevard in Rockledge on November 4, 2006; and recommended everyone dedicate one night a week to the family.

 

 

 

Human Resources Director Frank Abbate stated ten special County employees participated in the Employee Development Program; each employee will be presented with a Professional Development Certificate; the year-long course is divided into three phases with six courses in each phase; and the employees had to pass an exam at the end of each phase.  He noted  phase one included Time Management Skills, Communicating for Results, Conflict Resolution Skills, Basic and Advanced Writing Skills, and Civil Beginnings; phase two included Measuring Customer Satisfaction, Motivational Skills for Supervisors, The Leadership Challenge, Continuous Improvement Awareness, Team Building, and Dealing with Difficult People; and phase three included Supervision, Performance Evaluations, and Discipline, Grievance Handling, Caring for Our Own, Managing Risks Effectively, Our Hiring Process and an EEO Environment, Budget Training, and Managing Diversity. 

 

Mr. Abbate presented the Certificates to:  Leo Arteaga, Facilities Department; Jenny Ashbury, Parks and Recreation/EEL’s Program; Bjorn Hansen, Parks and Recreation; Melissa Barrett, Transit Services; Tiffany Baugher, Land Development; and Cindy Peterson and Francis Reid, Library Services.  He noted the final three recipients earned a special designation of Honors for achieving a score of over 90% on each exam, Vicki Bennett and Damien Keene of Parks and Recreation, and Richard Votapka of Transportation Traffic Engineering.

 

Mr. Abbate expressed his appreciation and offered congratulations on the group’s achievement.  Commissioner Colon expressed to the participants her appreciation on behalf of the citizens of Brevard County because knowledge is powerful and will enable better customer service. 

 

 

 

President and CEO of Economic Development Commission (EDC) Lynda Weatherman advised the EDC began working with Lockheed Martin officials in July 2004 to secure the Trident Post Production Center of Excellence (PPCE) for Brevard County; the EDC is pleased to announce the Company’s decision as of February 1, 2005 to choose Brevard for the establishment;   Lockheed Martin strongly considered two additional locations; and not choosing Brevard would have resulted in a direct loss of 140 high paying jobs.  She noted to secure this highly competitive project the EDC worked with the Company of Representatives, State officials, and the Brevard County Commission to assemble an incentive package and additional projects which played heavily in the company’s decision; the PPCE currently employs 190 people, with an average wage of more than $80,000 a year; and introduced the Vice President of Economic Development Opportunities for Lockheed Martin, Jeff Troan and U.S. Navy Captain Jeff Gernand, Commanding Officer NOTU.

 

Jeff Troan, the Operator of Economic Development Partnership Program for Lockheed Martin Corporation out of Washington, D.C. introduced Mark Finch, the Senior Program Manager from the Local Post Production Center of Excellence Unit; and stated he will be available for any questions the Board may have.  He expressed his appreciation to the Board and showed a slide presentation; and stated the company chose Brevard County for the facility because of the unique offer that generated a low cost solution for the company, the Navy, and the taxpayer.

 

Captain Jeff Gernand, who commands the Naval Ordinance Test Unit at Cape Canaveral, stated this is a good decision for the Space Coast economy because the high quality jobs were retained and new jobs created; it is a good decision for the Navy because it benefits from the most cost-effective and organizationally-efficient solution; and it is a very good decision for the employees of Lockheed Martin.  He expressed appreciation to the Board. 

 

Chair Voltz noted the EDC will be coming before the Board with a request for money this budget season; and she would like to give it $300,000 this year and possibly next.  

 

 

Commissioner Scarborough read aloud a resolution proclaiming July 2006 as Recreation and Parks Month.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt a Resolution proclaiming July 2006 as Recreation and Parks Month in Brevard County and encouraging all citizens to take advantage of the quality recreation and park services provided by the Brevard County Parks and Recreation Department.  Motion carried and ordered unanimously.  

 

 

Mr. Ted Black accepted the Resolution on behalf of Parks and Recreation; and expressed his appreciation. 

 

 

Commissioner Scarborough noted if the Board re-addresses an item with additional ideas of a substantive nature it has to come back before the Board with another legislative intent. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve legislative intent to consolidate and coordinate applicable waterways and waterfront-related ordinances, and modify or create ordinances as may be necessary to ensure the sustainability and reasonable expansion of existing water dependent facilities while protecting the delicate ecological balance of Brevard’s waterways with the caveat that any additional ideas of a substantive nature be brought back before the Board with another legislative intent.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard recommended consolidating and eliminating the individual Ordinances that are no longer relevant.

 

 

Commissioner Carlson inquired if the narrow piece of property where the retention pond ends on the north line would be left as is for buffering; with Permitting and Enforcement Director Ed Lyon responding that will be primarily stormwater with some vegetative buffer but not as extensive as it is right now. 

 

Commissioner Carlson inquired if there will be enough of a buffer between the future commercial development and Tuscany; with Mr. Lyon responding the applicant’s request is to waive the buffer wall on the whole north property line; and Natural Resources Management has another Ordinance that talks about a vegetative buffer that Mr. Brown may be able to explain better.

 

Natural Resources Management Director Ernie Brown stated the Ordinance provides for a vegetative buffer approximately 20 feet in width that is for incompatible uses such as a new commercial coming in up against a residential; it would have to be on the commercial applicant’s property to buffer it from the residential; and the requested waiver does not alleviate the requirement to meet that portion of Code, but it would alleviate the requirement of the concrete or solid wall. 

 

Commissioner Carlson clarified on the entire north property line there will be a 20-foot buffer no matter what; with Mr. Brown responding yes.  She noted her concern was to ensure that there was enough of a buffer along the north property line to ward off potential visual issues.

 

Commissioner Pritchard expressed his dislike for chain-link fence; and suggested addressing the topic and having some restrictions.  Mr. Lyon advised the chain-link fence was a recommendation of the applicant and is nothing that staff would require.  Commissioner Carlson inquired if the Code mentioned elements like that; with Mr. Lyon responding negatively and stating the Code mentions a masonry wall and allows some engineered walls but only of the masonry type. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the applicant’s appeal for a  waiver  to  the  buffer  wall  requirement,  section 62-3204(g),  along the

 

north property line of the proposed Wickham Corners development.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough noted his uneasiness.  Discussion continued on chain-link fencing; with Commissioner Carlson expressing concern over connected wetlands, wildlife traffic, restricting areas, and fencing only a portion of the area.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reconsider previous motion.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to table consideration of waiver of buffer wall requirement for Wickham Corners to July 25, 2006; and authorize Commissioner Carlson to work with staff to put together something more compatible with the site.  Motion carried and ordered unanimously.   

 

 

Janis Walters, Curt Lorenc, and Linda Mason spoke against the expansion due to inaccurate and incomplete information and environmental issues; and requested the Board to not approve.

 

Assistant County Manager Ed Washburn advised FDOT has already said it wants this expansion; and the environmental concerns around the airport have also been addressed. 

 

Manager of Valkaria Airport Steve Borowski noted Fish and Wildlife, Natural Resources, EEL’s Program, Department of Forestry, and the Fire Department have all been included in the meetings; even the Jacksonville Fish and Wildlife has participated; the clearing is only next to the fence to allow a truck to be driven on either side to check the fence as required by FDOT; and there is no clearing in either of the Scrub Jay areas.  He stated he briefed the VAAB on the expansion; and the VAAB decided it did not need to take a vote since it was an expansion of the existing grant and it could just move forward. 

 

Commission Carlson inquired how the process is going on the Master Plan; with Mr. Borowski replying the first and second working papers have been through the review process, the third one comes out in September, and there will be two more after that for a total of five; and once all the papers are done a final draft will come out.  Commissioner Carlson inquired if the expansion fits in the master plan; with Mr. Borowski replying yes.  He advised the grant is strictly for security purposes such as putting barbed wire on the fences; there is one fence with bad electronics so it stays open all the time, which violates security procedures; FDOT wants it replaced with an electronic fence that tracks who goes in and out of the fences; and FDOT is willing to pay for it to ensure the security of the airport.  He stated the walk-through gate for the golf course will have a coded push-button pad. 

 

Commissioner Scarborough inquired if the Airport Board was handed this material; with Mr. Borowski responding he does not believe so although it has seen it in the past, and at the last meeting he gave a verbal report.   

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve expansion of existing FDOT Joint Participation Agreement ANH22 to address additional security and fencing to comply with enhanced federal security requirements.  Motion carried and ordered; Commissioner Scarborough voted nay.

 

 

Commissioner Scarborough stated the Airport Board should review and make recommendations on anything that comes before the Board of County Commissioners. 

 

Mr. Borowski noted FDOT is excited and happy to comply with the Commissioners’ desire to allow the public to look at this much more than what is required by the Master Planning Manual; and the turnout for the meetings has been very good with a lot of positive feedback.  

 

 

 

Walter Pine and Thelma Roper spoke in opposition, requesting the Board rewrite the proposal and allow the County to run it.

 

Commissioner Scarborough advised many of Mr. Pine’s comments can be incorporated in redrafts; he does not believe anyone is envisioning it to be a full restaurant; alcoholic beverages do not need to be mandated; and staff can revisit the item and come back with a redraft.

 

Commissioner Carlson inquired if the proposal had gone through the American Disabilities Act (ADA) office to ensure enough space was given for maneuverability of wheelchairs.  Jack Masson, Parks and Recreation Department, responded the document was reviewed by various agencies including the North Brevard Commission on Parks, the County Attorney’s Office, and the Risk Management Office.  County Manager Peggy Busacca inquired if the ADA requirements would have been reviewed at the time of issuing the building permit; with Mr. Masson replying yes.

 

Commissioner Scarborough advised he wants each of the items enumerated by Mr. Pine transcribed and brought back to the Board by the next meeting. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table consideration of authorization to advertise for proposals, appoint selection and negotiating committees, award to best qualified proposer, and execute contract for the Titusville Veterans’ Memorial Fishing Pier Concession to the July 25, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Pritchard inquired if it is a typical lease for a concession operation; with a staff member replying in the affirmative.  Commissioner Pritchard noted by making the changes it would be making a specific lease instead of the standard.  Chair Voltz recommended looking at the policy instead of having to make specific leases; with Commissioner Scarborough advising staff  can  respond  to  the  issues  addressed  as  a  memorandum,  listing  point by point where  

language can be adjusted and where policy dictates a response or a change at the next meeting. 

 

Commissioner Pritchard inquired what makes this a Veterans’ Memorial Fishing Pier; with Mr. Masson replying the entire Pier was a dedication designation as a Veterans’ Memorial.    

 

 

Commissioner Pritchard advised the reason he pulled this item is because it does not list the cost of the service and what the return on the investment will be.  Central Services Director Steve Stultz clarified there is no cost unless accounts are collected on; and in that case the company will retain 24% of the amount collected.  Commissioner Pritchard inquired is this a third company for collection services; with Mr. Stultz replying it is the second of two; the first is designated as a primary collection service; and by retaining a second collections company the County has a chance to try and collect on delinquent accounts that the primary was not successful on, thereby gauging the performance of the primary company.

 

Commissioner Pritchard noted his concern is if the primary is not successful and it is turned over to the second company, it could be considered as a strong-arm tactic that he is not in favor of.  Mr. Stultz advised both companies have to comply with federal regulations regarding debt collection; and he has not received any indication that there have been complaints.  County Manager Peggy Busacca and Assistant County Manager Stockton Whitten both advised they have not received any complaints through the County Manager’s Office. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Agreement with AllianceOne Receivables Management for debt collection services – secondary placement, extending the Agreement and amending the Contractor’s contact for notice.  Motion carried and ordered unanimously.  (See page

for Amendment to Agreement.)

 

 

The meeting recessed at 12:02 p.m. and reconvened at 1:30 p.m.

 

 

Senator Mike Haridopolos thanked the Board for its hard work this year; noted the relationship between the Counties and the State is improving dramatically; and he is present to give a brief overview of the Session.  He advised the State budget is in strong condition; it increased per- student spending in Brevard County by $589 per student; stronger crime policies have reduced the likelihood of being a victim of a violent crime by half over the last eight years; and due to the Eminent Domain decision by the Supreme Court, the State passed a new law stating that government cannot take private property to give to another private property owner and in November  the  people  will  vote if the law should be cemented in the  Florida  Constitution.  He

stated the biggest challenge the State is facing is with property insurance, which is still being addressed.  He further noted for the first time the State has a AAA Bond rating, the lowest unemployment rate in history, and the budget has increased to $73 billion, all without a tax increase; the State has a much more diverse way of looking at transportation funding; and there will be more outside-the-box ideas for the Palm Bay Beltway specifically that will work for everyone.

 

Commissioner Pritchard advised the money set aside for derelict boats and pilings within the State may not be enough to get the job done; and inquired if Senator Haridopolos has any suggestions to fund the program in its entirety.  Senator Haridopolos replied the process should start today; recommended the Board work with Department of Environmental Protection (DEP) to identify the estimated cost and submit it into the Governor’s requests which comes out in January; and stated if the amount is still short, at the very least a timeframe can be established and put in place. 

 

Chair Voltz expressed her appreciation to Senator Haridopolos for the Educational Opportunity Centers (EOC) funding and the many other issues he has been working on.

 

Commissioner Colon expressed her thanks for all the Legislature has done with beach renourishment; but noted there is still the Mid Reach and the potential of condos falling in the water; hurricane season is here; and the possibilities are frightening. 

 

Chair Voltz advised the Governor’s office is trying to arrange a meeting on this issue with Senator Martinez and others when the new General for Army Corps of Engineers (ACOE) comes into office; and requested Senator Haridopolos attend the meeting.  Senator Haridopolos responded he will attend; and Congressman Weldon has been involved in this issue as well.

 

Commissioner Colon expressed her appreciation for the unity, involvement, and frankness the Senator has brought to the table.  She also expressed her appreciation for the Governor taking a stand in making everyone work together.  Senator Haridopolos advised communication is key with concurrency because it is such a complex issue.

 

Commissioner Pritchard advised of the many concerns with portability and Save Our Homes; with Senator Haridopolos replying they are close to a deal this year; the Senate came together but ran into difficulties with the House; and he hopes to have it on the ballot in the 2008 election cycle.

 

Commissioner Pritchard advised of a seminar in Cocoa Beach regarding the creation of an artificial surf reef; and stated it is a beach enhancement that creates sand on the beaches saving the State millions of dollars in beach renourishment.  Senator Haridopolos replied there has to be another viable option rather than just pumping in sand; spending a few dollars in technology is a better long-term investment than continuously dumping in sand; and he looks forward to the discussion.

 

Discussion continued on working together with cities, identifying priorities, growth management, affordable housing, surplus lands, vested interest, the benefits of true growth management, and supporting issues between counties and cities with one voice.

Mr. Walter Pine advised of a Supreme Court Ruling that stated caustic, abusive, and defamatory remarks when made from the podium or in public comment on political activities or to instruct public officials, is free speech. 

 

 

Thelma Roper read aloud Article 1 of the U.S. Constitution; and noted Mr. Pine will be holding a class to instruct others on how to become involved in County government.

 

 

Elizabeth King noted her concern for the ongoing loss of working waterfronts in Brevard County; and requested the Board preserve the Westland Marina Property located in Titusville, Florida as a working waterfront; and stated it will enhance and ensure the cultural and the economic development in Brevard County.  She submitted a petition signed by over 100 people to procure Westland Marina for public good.

 

Commissioner Scarborough requested Chair Voltz’ office call Dwight Severs, Titusville City Attorney for the status on the Titusville Marina.

 

Janis Walters advised she is petitioning her governing body for address of a grievance; the logo on the project list for the airport grant extension is offensive to the Valkaria Airport Association; the County should not associate itself and its airport with any private group through use of that that group’s logo; and requested the Board to have the logo removed.

 

 

Marissa Spencer stated she is Walter Pine’s granddaughter; and she inquired why he was arrested at the last meeting.  She stated he did nothing wrong but stand up for his right to public speech; and people should not be afraid to speak at the meetings.

 

 

Curt Lorenc noted he supports Janis Walters and her comments on the Valkaria Airport’s logo; the logo has many negative connotations to the public of Valkaria; and he submitted to the Board documents to show that.  He requested the Board remove the logo. 

 

 

Linda Mason expressed her gratitude and appreciation to the Sheriff’s Office for trying to control unauthorized and unlicensed ATV traffic on EEL’s roads and lands.  She stated she has noticed a difference already; and requested the Board consider an ordinance to protect the land from the irreparable damage the ATV’s do.

 

Chair Voltz noted to drive on someone else’s property is already illegal so an ordinance will not help; and the Sheriff will continue to enforce the law of no trespassing on the property.

 

 

Representative Bob Allen, Chairman of the Spaceport Technology Committee, commended the Board for taking action and making the space effort being reviewed a priority; stated the legislation did pass providing $35 million to upgrade the facility; the new rockets that are going to launch astronauts into space for moon and Mars missions are much different than the shuttle; and the workforce that is now at the Space Center will be reduced by approximately 10,000 people sometime around 2010.  He advised they have heard several commitments that the Space Agency will stay in Brevard County near the Space Center; and his biggest concern is getting an incentive fund together to get as much of that work as possible in order to place the 10,000 that will be cut from the Space Center.

 

Discussion ensued on Brevard County getting its fair share of Baker Act beds and illegal immigration. 

 

Chair Voltz called for the public hearing to consider a Resolution vacating public utility and drainage easement in Port St. John, Unit Four, as petitioned by Dorothy Sloan.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating public utility and drainage easement in Port St. John, Unit Four as petitioned by Dorothy M. Sloan to the August 8, 2006 meeting.  Motion carried and ordered unanimously. 

Chair Voltz called for the public hearing to consider a Resolution vacating public utility and drainage easement in Port St. John, Unit Six, as petitioned by Kevin and Patricia Burgett.

 

Transportation Engineering Director John Denninghoff advised Road and Bridge’s objections are almost identical to the last public hearing; it has become apparent that Port St. John has some serious drainage issues that have not yet been dealt with; and the concern is that by vacating some of these easements it will impair the County’s ability to deal with the drainage issues in the future. 

 

Commissioner Scarborough noted since the problems are the same as the last public hearing both will need a similar response.

 

Applicant Patricia Burgett advised she is trying to put in a pool; there are 20 feet of easement on each side of the ditch bank; the far side of the ditch is open land; and there is plenty of room in the backyard to fit any type of equipment truck.

 

Mr. Denninghoff advised nine vacatings similar to this one have already been approved along the same canal in the last seven years, but the drainage issue was not as acute as it is now.  He advised if a pool was put in, the remaining easement width would be 10 feet; the ditch is inside of a 50-foot drainage right-of-way; and the ditch itself is 20-25 feet wide.  He noted from the pool to the edge of the ditch would be approximately 30 feet. 

 

Discussion continued on the topic regarding the plans and timeline for the drainage expansion and consistency. 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating public utility and drainage easement in Port St. John, Unit Six as petitioned by Kevin and Patricia Burgett to the August 8, 2006 meeting.  Motion carried and ordered unanimously.

 

 

The Board requested information such as the estimated distance between the pool and the canal, the length of the drainage canal, the capacity to maintain the ditch with some limitations, and where easements have been vacated, be brought back before the Board on August 8, 2006. 

 

Chair Voltz called for the public hearing to consider an ordinance amending Section 102-66(b) of the Brevard County Code to increase the $37.00 Occupational License fee by 5% to $38.85.

 

County Manager Peggy Busacca advised the Occupational License fee is changing to a business tax after January 1, 2007; it is her understanding it will be the same amount of money; and staff will bring back information including an effective date.

 

Commissioner Pritchard noted the increase is a minimal amount and the total amount generated is $29,000; and he questions the minutia in creating revenue.  Assistant County Manager Stockton Whitten responded the total amount received by the County is approximately $600,000; this particular increase is only $29,000; it is a significant amount of money; and the increase is small because it is limited to 5%.  Mr. Whitten informed the Board that it is previous Board direction to bring this item back every two years for consideration; the initial establishment was designated as the source for dollars transferred to the Economic Development Commission; but it is all a part of a big pot of General Fund dollars; and it is necessary for a supermajority to pass the increase.

 

There being no objection heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve an Ordinance amending Section 102-66(b)of the Brevard County Code to increase the $37.00 Occupational License fee by 5% to $38.85.  Motion did not carry; Chair Voltz, Commissioners Pritchard, Scarborough, and Colon voted nay.

Chair Voltz called for the public hearing to consider an ordinance amending the definition of “Resort Dwelling.”

 

Ayn Samuelson on behalf of South Patrick’s Residents Association and Jean Freeman representing the 300 homes of North Waterway Estates both spoke in support of the proposed ordinance.

 

Zoning Manager Rick Enos advised the Local Planning Agency (LPA) reviewed the proposed ordinance and recommended denial by a vote of 9-2; and the concern was not the removal of the three times in a calendar year but instead the term being less than 90 days.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1102 by altering the definition of a resort dwelling; creating Section 62-103 to establish prima facie evidence for the use of a residence as a resort dwelling; providing an amortization period; 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.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Section 62-1953(g) to add GML to the list of those classifications that are permitted to request waivers to certain conditions that apply to towers. 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1953(g), to add the GML Zoning Classification to the list of classifications permitting a waiver to certain provisions; amending Section 62-1953(h), to remove the GML Zoning Classification from the list of classifications not permitting a waiver to certain provisions; providing for resolution of 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. 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Section 62-2123(b) of the Zoning Regulations regarding accessory structure setbacks for double-frontage lots.

 

Assistant Zoning Manager Cynthia Fox advised this is an item in the Zoning Regulations that the Board of Adjustment has struggled with and requested the Board’s consideration; the Ordinance  says  if  the  swimming  pool  is  between  the  residence  and  the  water  body,   the

accessory structures have to be fifty feet away from the road; and the amendment is just a one line ordinance to change that to a principal structure setback, so it would reduce it to 25 or 20 feet depending on the zoning classification.

 

Commissioner Scarborough noted under the Cost/Benefit Analysis it says the benefits realized to residents from the reduced setbacks should be weighted against the possible negative impacts to neighboring properties; this is probably because what one would see driving along the road would not be the primary structure; because of Florida’s torrential downpours, rarely do people build garages apart from the house; and he is confused by what type of dwelling it could be and why it would need to be 25 feet rather than 50 feet from the road. 

 

Zoning Manager Rick Enos advised the peculiar thing about this is if the pool and the garage were both on the street side they could both be at 25 feet; and it is only when the pool is on the water side of the house that the other accessory structure on the street side has to be 50 feet.  Planning and Zoning Director Robin Sobrino stated if there is not a swimming pool the accessory structure can be at the front building line for the principal structure.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-2123 reducing front setbacks for double frontage lots; 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. 

 

 

Clerk of the Courts Scott Ellis advised he is opposed to the County going into the marina business; it is similar to the situation with the golf courses; and questioned if the marina business is so lucrative, why would the developers give it up to the County.  He stated someone developed the property, made the money, and now is trying to get rid of it because it is no longer valuable.

 

Commissioner Scarborough noted an RFP should have been used rather than an Invitation to Bid; he did not get a draft of the Invitation to Bid in order to award the bid; and he cannot vote on anything today.  He requested the item be tabled and an RFP be brought back before the Board for consideration and input.

 

Commissioner Pritchard inquired how this came about as advertising an Invitation to Bid to conduct a feasibility study instead of an RFP.  Natural Resources Management Director Ernie Brown replied there are a number of vehicles that can be used and an invitation to bid is one of them for contracted services.  Commissioner Pritchard inquired if it could move ahead in selecting an option with the way it is written today; with Mr. Brown responding it could but he feels it would be more appropriate to bring the bids or proposals back to the Board for consideration. 

 

Commissioner Pritchard stated one of the concerns that continues to come up is the three golf courses the County has and continues to lose money on; he looks at the golf courses the same way he looks at a park or a baseball field; and it is there for a purpose and not necessarily to make money.  He stated there is no guarantee that the private sector is going to do anything other than make this same purchase; he is not suggesting anything less than the prevailing rate; but the impact is the loss of having available slips.  He inquired if Commissioner Scarborough would be comfortable moving forward with the recommendation that Mr. Brown had about bringing it back. 

 

Commissioner Colon noted her agreement with Commissioner Scarborough and the need to go out for an RFP; but advised there was a good point that Mr. Ellis brought up in regards to the golf course; she would like to get some feedback from Parks and Recreation on issues such as these to see if the golf course is being utilized.  She stated if the answer is yes, it is well attended, then they have done the right thing and if not, then it needs to be looked at further.  She inquired if this goes through, will it be going under Parks and Recreation.  County Manager Peggy Busacca responded it has been discussed at staff level but nothing has been firmly decided. 

 

Natural Resources Management Director Ernie Brown stated his office has been in close communication and coordination with Parks and Recreation and MIRA; and Natural Resource’s perspective is to make sure that whatever study is done it takes a strong look at the ecological impacts associated with this and maintains the ecological sustainability of such an operation. 

 

Commissioner Scarborough advised he is very interested in proceeding but he would like to see it come back with a draft RFP for discussion.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table consideration of a feasibility study for acquisition of the Merritt Island Marina to the August 8, 2006 meeting; and direct Mr. Brown to return to the Board with a draft RFP for Board discussion.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon inquired if Mr. Brown is overseeing the Marina or the study; with Chair Voltz replying the study. 

 

 

The meeting recessed at 3:40 p.m. and reconvened at 3:57 p.m.

 

 

Clerk of the Courts Scott Ellis advised it is a mistake proceeding on these individually rather than collectively; there is no master plan for space acquisition for Brevard County; a tremendous amount of money is being spent on three large commercial buildings and there does not seem to be coordination among the agencies on how these buildings are going to be used or if they could be used jointly; and recommended coordinating all the building plans into one and treating this collectively rather than just making purchases.

 

Chair Voltz advised the issue with the Environmentally Endangered Lands (EEL’s) is that it needs to be centrally located; the last purchase did not go through because the Board didn’t move fast enough; and inquired if there would be a workshop dealing with facilities.  County Manager Peggy Busacca replied it put out an RFP for a consultant to do space needs for the County and it came back at $200,000; staff has a general idea of the space needs; and the issue is whether or not staff can do this. She noted right now the focus has been the budget and staff has not had an opportunity to move forward on this but will shortly.  Ms. Busacca advised there has been discussion about putting together in the Emergency Operation Center (EOC) building the Sheriff and the Fire Rescue dispatchs, and moving Traffic Engineering in as well because it would be a good use with EOC; in the case of the EEL’s property, it appears that property is sufficiently different and would not want to mix with others; she believes the Sheriff may be reconsidering the purchase of the Eckler building due to the problems with indoor health issues; and there is an open workshop in October that might be able to be used for this.  

 

Chair Voltz suggested staff make the plan since the needs are known.  Commissioner Carlson stated she agrees; and it is going down the right path if staff is talking with all the other departments.  She noted there was also discussion about archival space; there are various Charter Officers that are in need of space or are at the crisis point; and inquired what happened to that study.  Ms. Busacca replied it would have been part of the consultant’s work.

 

Assistant County Manager Stockton Whitten advised he believes the October workshop could be set aside for this; and the October meeting would give staff enough time to work internally on at least providing the Board with a preliminary plan.

 

Chair Voltz inquired if Mr. Ellis has taken care of the Clerks archival problems; with Mr. Ellis responding they are waiting to go to bid; Stottler Stagg has the design; the facility is a fairly large hurricane resistant building; and he has offered space to other people.  Chair Voltz inquired if it is possible for the County to go in with the Clerk; with Mr. Ellis replying that has been offered since the beginning but he could not get anybody interested. 

 

Ms. Busacca advised the County has always had an interest but the issue is identifying the money to pay for it; in this budget some money has been set aside for perhaps bonding for some facilities; but she does not know that the Board is going to say the archives are a greater priority, for instance, than the State Attorney’s Office; and there is a limited amount of money that can be utilized for facilities needs.

 

Mr. Ellis stated Facilities historically has been under-staffed and under-funded; and before buying more buildings, the Board needs to make sure there is enough staff to maintain the buildings that it currently owns. 

 

Commissioner Pritchard inquired what is the forecasted use for EOC when it moves; with Ms. Busacca responding there are several options that have been identified but nothing has been finalized; and staff was hoping the Board would decide whether it even wanted to negotiate on the building for the EOC before it went that far.  Commissioner Pritchard inquired if EEL’S Program Manager Mike Knight is still looking at a central yard; with Mr. Knight replying yes, it will have regional facilities but those facilities are largely focused on education with a limited amount of space for storage of maintenance equipment such as at the Enchanted Forest, for example.  He stated a little bit of the space needs to be expanded to accommodate some of the vehicles and things; there is a significant amount of shared equipment that will never be duplicated because of the cost in the regional areas, so there will always be a need for storage

of that; there is the issue of administrative staff that are connected; and so it needs to be centrally located.  He added the location in the John Rodes Industrial Park area is at the southern end of the central range between Rockledge and Eau Gallie; and because of its proximity to I-95 it would be a good option.

 

Commissioner Pritchard stated it says the asking price is $1.37 million; and inquired what the final price would be; with Mr. Knight replying he hates to guess; the appraisals are being done; and then it can negotiate and bring back before the Board. 

 

Joe Morgan advised he is a former member of the Brevard County Historical Commission, which has a very large need for archive space; and recommended preserving all the documents, history, and files for the County in one area.   

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize EEL’s staff to begin negotiations for a Contract for Sale and Purchase for approximately 1.25 acres located at 91 East Drive in the Industrial Plaza Subdivision between Wickham Road and John Rodes Boulevard.  Motion carried and ordered unanimously. 

 

 

Natural Resources Management Director Ernie Brown noted the item is to give authorization to staff to advertise Invitation to Bid, and to solicit bids for the removal and processing of the derelict abandoned vessels in accordance with State and federal law; and it says award to the lowest responsive and responsible bidder and authorize the Chair to execute but he would rather bring the lowest, responsive, and responsible bidder back to the Board for approval as opposed to moving it forward. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize staff to advertise an Invitation for Bids to remove and process derelict and abandoned vessels within the Indian River Lagoon system, and award to lowest responsive and responsible bidder(s); direct Mr. Brown to bring the Contract back to the Board for approval; and authorize utilizing Solid Waste Fee Revenues to fund removal.  Motion carried and ordered unanimously.

 

 

Mr. Brown advised the Governor approved a million dollars to be spent on derelict vessel grants to localities; the deadline for soliciting for those funds is July 31; it is through the Boating Improvement Program; and it is a very structured application process.  He requested permission to apply; with Chair Voltz replying in the affirmative. 

 

Motion by Commissioner Carlson, seconded by Chair Voltz, to authorize Mr. Brown to apply for a grant from Florida Fish and Wildlife for the project.  Motion carried and ordered unanimously.

Clerk of the Courts Scott Ellis recommended not buying buildings until there is a master plan; with both Chair Voltz and Commissioner Pritchard stating their agreement.

 

Emergency Management Director Bob Lay advised there are several things impacting on this; the first one is that the current Emergency Operation Center (EOC) is small in comparison to what it should be in terms of space; and secondly the Sheriff’s Dispatch Center/911 Center is not as large or as well protected as it should be and it is also in a category 4-5 storm surge area which it should not be.  He advised the current trend is to put together in one location, as Mr. Ellis suggested, the Emergency Operation Center, both Fire and Law Enforcement Dispatch Centers, as well as the Intelligent Transportation System in order to make informed decisions throughout the entire community.  He added by doing that, it might also open up the opportunity for some of the cities to perhaps look at downsizing some of the public safety answering points; there are eleven in the County but should be less; in accordance with the Florida Statutes there is supposed to be a primary EOC and an alternate EOC; and for years Brevard’s alternate EOC has been the Communications Center at the Sheriff’s Office in Titusville.  He stated it is not sufficient for an alternate EOC; every time there is a major emergency such as a hurricane another facility must be located for the agencies coming in to assist; and with the purchase of the new facility those agencies will be able to operate out of this unified command.  He advised by the EOC moving to the one location it frees up the old facility but that facility still needs to be an EOC and should not be converted to something else.  He stated the facility in Rockledge is about 42,000 square feet; and he would envision Emergency Management having somewhere around 25,000 square feet of that with the two dispatch centers being co-located and an additional site for the Traffic Engineering and Intelligent Transportation System. 

 

Transportation Engineering Director John Denninghoff noted a Traffic Management Center is the phrase used for the Intelligent Transportation System Operations Area; typically the Centers are co-located with dispatch centers for law enforcement and fire; the reason for that is the ability to see what is going on out in the streets and being able to identify problem areas; and it facilitates the response on the part of law enforcement and fire protection.  He advised during an emergency the EOC and the Traffic Management Center working together and being co-located is a tremendous advantage; the City of Orlando and Orange County both do it that way and it works very well; he has gone and seen how that operates; and it is where the County wants to go.  He added the facility because of its size and the area for expansion that is still available on the property would be able to serve in this capacity for the foreseeable future; it is centrally located, easily accessible to either I-95 or US 1, and the response times in terms of the Traffic Engineering side are just about ideal; and staff thinks this is a good thing.

 

Mr. Lay advised there is a window right now up until August 15, 2006 to apply for a grant through the State of Florida; the State has $45 million set aside for EOC enhancements; and $45 million is split in half; and there are two separate sets of criteria to be used for the money.  He noted the building would also have to meet the criteria of a Department of Energy Emergency Operations Center, which means that it would have to be able to be reinforced to withstand 200 mph winds and the impacts of those winds; there are other small things it will have to meet as well; and all of this is part of the packet.  He stated if the building does not meet the requirements, it can not be used as an EOC. 

 

Mr. Denninghoff noted the current building is below a category three storm surge elevation and could have been flooded out completely during the hurricanes; it was good fortune that no damage occurred and the water did not get that high; and the new building would solve those problems.

 

Commissioner Scarborough stated the contract says it is contingent upon the building meeting the DOE’s shelter requirements; and inquired how long it takes to go through the study.  Mr. Lay replied the study is either already started or will be starting very soon and is expected to finish within two to three weeks; and it is basically a structural engineer looking at the facility and stating whether or not it can be reinforced to meet those standards.

 

Commissioner Scarborough noted the assumption is that the building is not capable of handling 200 mph winds and it will cost money to reinforce it; and inquired if there have been parameters set for how much the County is willing to pay.  Mr. Lay responded a limit has not been set; staff was waiting to get the answer back from the study; and the contract would come before the Board for approval. 

 

Commissioner Carlson inquired if there are any back-up plans if the study comes back too costly.  Mr. Lay replied at this point there is no alternate plan. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Transportation Engineering Department/Land Acquisition to acquire appraisals, surveys, environmental services, and other information services as well as negotiate a Contract for Sale and Purchase for an eight-acre parcel located at 4050 Riomar Drive in Rockledge for the Emergency Operations Center; authorize the Emergency Management Office to apply for State Grant funding approved under HB 7121; and authorize the Chair or County Manager to execute Grant Application documents as necessary and appropriate.  Motion carried and ordered unanimously. 

 

 

 

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

 

 

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

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute the State of Florida, Department of Agriculture and Consumer Services, Brevard Mosquito Control District’s Tentative Detailed Work Plan Budget for FY 2006-07.  Motion carried and ordered unanimously. 

 

 

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

 

 

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

 

 

County Attorney Scott Knox advised by State law, the Board is authorized to go in excess of an appraised value on a property when there are two appraisals if there is a supermajority vote of the Board. 

 

Chair Voltz stated there are 14 acres of uplands on the parcel that is being discussed today; the land value is worth about $1.6 million dollars; for anybody to say that this land could never be built on is not reasonable; and there could be a property rights issue if the owner wanted to develop the property and sued the City of Cocoa Beach.  She stated she supports this going forward. 

 

Environmentally Endangered Lands Program Manager Mike Knight advised on May 10, 2006 the EEL Program received direction from the Board to look at the Thousand Islands and work with The Conservation Fund; then it went through an assessment process with the Selection and Management Committee; and the Committee completed the necessary votes and rated the property as a very high priority. He noted the City’s current zoning and land use designation of the property do not allow for development in its existing capacity with the exception of recreational amenities, observation towers, trails, and docks; the appraisal process was started; there were numerous meetings with the City, the owners, the appraisers, and staff; and it was decided the best approach was a comparative appraisal approach which would look at what the property is worth currently in the existing zoning and what the property could potentially be worth if the zoning and land use designation were able to be changed.  He stated the policy for the EEL’s Program, as directed by the Board, is to follow State standards for appraisals; the biggest effect of stepping outside of the appraisal standards is being able to get funding from outside resources; usually the funding sources limit the contribution to the lower value or the as-is appraised value but still remain a partner in the project; and the County has never paid above appraised value for lands, so this is unique.  He advised staff has identified a number of funding partners including the City and the St. Johns River Water Management District; there is a pending SCT Grant on the table as well; The Conservation Fund was able to work with the owners to negotiate a price of $1.2 million, down from the initial asking price of $1.9 million; and one option the Board has today is to have the EEL Program purchase the property and try to work with funding partners as much as possible.   

 

Matt Sexton from The Conservation Fund advised of the eight-month assessment process in detail.   

 

Gerald Rocker requested the owners be heroes and give the Islands to the County rather than sell.  Marine Resources Council Executive Director Jim Egan and Jacques Dubois spoke in support of the issue.  Clerk of Courts Scott Ellis spoke in opposition to the purchase.

 

Commissioner Pritchard inquired if anyone wants to speak in opposition to the purchase; with only Mr. Ellis responding in the affirmative.  Commissioner Pritchard noted everyone realizes the Islands are an environmental jewel; and he is prepared to move the item. 

 

Mary Sphar stated she supports the purchase of the Thousand Islands; she would like to see all of the Thousand Islands purchased; and advised of some questions she has.  She inquired which appraisals are satisfactory to the EEL Selection and Management Committee; what appraisals can be used for State funding match by the St. Johns River Water Management District; is there written documentation from St. Johns River Water Management District on what is acceptable; and what is the City of Cocoa Beach willing to contribute toward the purchase.

 

Mr. Knight advised the Selection and Management Committee reviews the scientific information about the program and does not get into the assessment, appraisals, and contracts; and it leaves that up to staff, the negotiating agent, and the Board. 

 

Commissioner Pritchard advised the Board is dealing with just the Crawford piece today. 

 

Commissioner Colon noted this is a very unique piece of property; the EEL’s committee identifies the land for the Board to go after; and she is confused why the Committee would be concerned over setting a precedent.  

 

County Manager Peggy Busacca inquired if there is any difference in the process than was done before; with Mr. Knight replying no.  Ms. Busacca inquired is the issue here the policy is different because in the past it has not gone above appraised value for a purchase; with Mr. Knight replying that is correct; that is what sets this apart from anything else that has happened in the past; and it is unknown how to go about this.  Ms. Busacca inquired if the policy is strictly within the Board’s purview; with Mr. Knight responding that his understanding of the policy is that when there are discussions about potentially looking at paying above appraised value for land, then the direction under the policy is for staff to make recommendations to the appropriate authority, which in this case would be the Board.

 

Commissioner Colon inquired about public access; with Mr. Knight replying there has not been any formal plan decided upon but the intention is to work closely with the City on a joint management agreement or partnership to come up with a public access plan. 

 

Vice Mayor of Cocoa Beach Kevin Pruitt, Commissioner Ken Griffin, and Commissioner Don John advised they are representing the City of Cocoa Beach in support of the purchase.  Chair Voltz inquired how much money the City is willing to contribute; with Mr. Pruitt replying he can not directly answer the question.  Commissioner Griffin replied Cocoa Beach will cooperate very

fairly and do all it can monetarily.  Commissioner John replied he believes the County’s EEL program should buy the land and not wait; the City of Cocoa Beach would be happy to chip in; but he wants to point out that the City and the residents already contribute to the EEL’s Program. 

 

Commissioner Scarborough noted he does not feel comfortable asking the City of Cocoa Beach to contribute; the property is either worth purchasing or it is not; and he feels it would be foolish to not buy the property because there is an economic value there. 

 

Chair Voltz advised Cocoa Beach was mentioned because it says it is a willing funding partner; and she supports the item at $1.2 million. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve moving forward with the acquisition of the Thousand Islands property from Crawford Homes; and execute Assignment of Option to Purchase with The Conservation Fund.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon stated she hopes discussions will still happen with the City of Cocoa Beach and the St. Johns River Water Management District. 

 

 

*Commissioner Colon’s absence was noted at this time.

 

 

Carole Lee stated she and her husband are the owners of Premium Marine that designs and manufactures boat interiors; the company started five years ago in Brevard County; the business is growing and needs to expand; and requested an economic development tax abatement. 

 

Commissioner Scarborough advised he is voting in favor but is concerned that the average wage is $26,000; and reminded the Board if a company is not exceeding the average wage of the County, the average wage will fall and the County will no longer have an average of $35,000.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution Qualifying Premium Marine, LLC as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant exemption of Educational Facilities Impact Fee as requested by Harry W. Coates III and Sandra V. Coates for property at 1333 Vestavia Circle, Melbourne.  Motion carried and ordered unanimously.

 

Ben Clark submitted a package containing the Conditional Use Permit (CUP) 7802, three letters from residents in the neighborhood, a letter from the president of the Homeowners Association, and pictures of the damages.  

 

 

*Commissioner Colon’s presence was noted at this time.

 

 

Mr. Clark stated he lives in a residential neighborhood established in 1983 that abuts a golfing range that was established in 1987; the CUP called for a 100-foot vegetative buffer but there is not one; the sport itself has changed since 1987 with technology improving the speed and distance of the golf balls; and there is nothing protecting the houses or residents from the flying balls.

 

Zoning Manager Rick Enos advised he researched the CUP; and suggested forwarding this to Code Enforcement because there may be an issue with the lack of buffer.   Mr. Clark noted the issue was before Code Enforcement and then elevated to the Board.  County Manager Peggy Busacca replied it sounds as though Code Enforcement is still working on the case.

 

County Attorney Scott Knox noted there is a provision in Section 62-1901 that allows the Board to revoke or modify existing CUP’s if because of change in conditions, it becomes a danger to the surrounding neighborhood but he needs to take a closer look. 

 

Ruth Warobick of U.S. 1 Golf Center, advised she was made aware of the complaints last month; she has worked with the neighbors on repairs; the hurricanes damaged the safety nets and they are down waiting on the repair company; and unfortunately, the nets and the vegetative buffer cannot coexist.  She noted they are in the process of moving back the tee boxes; there are employees on the tee boxes to guard against errant golfers; and she is taking action to resolve this. 

 

Commissioner Carlson suggested the Board continue to follow the item with Code Enforcement; Mr. Knox review the Code to see what else can be done; and the item return to the Board at the July 25^th meeting. 

 

Mark Byrnes advised he is a resident of the neighborhood; and something must be done before someone gets hurt.

 

 

Chair Voltz advised Ms. Underwood is not present.

County Manager Peggy Busacca announced the new appointment to the Port St. John Dependent Special District Board is Peter Costello; stated he had the majority of votes, 4:1; and she will notify him.

 

 

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

 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to convene as the Governing Body of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize advertising and scheduling an executive session for July 13, 2006 at 11:15 a.m. or as soon thereafter as possible to discuss strategy related to Barefoot Bay Water and Sewer District v.  Burkim Enterprises, Inc.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adjourn as the Governing Body of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously.

 

 

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

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session for July 13, 2006 at 11:15 a.m. or as soon thereafter as possible to discuss strategy related to Brevard County v. National Union Fire Insurance Company.  Motion carried and ordered unanimously.

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 6:13 p.m.

 

 

 

 

                                                                                                                                                           

                                                                                  HELEN VOLTZ, CHAIR

                                                                                  BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                                   BREVARD COUNTY, FLORIDA

 

 

 

SCOTT ELLIS, CLERK

 

 

 

            (S E A L)