MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 13, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 13, 2005, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Senior Pastor Javier LaBoy, Life House Church, Melbourne, Florida.

 

 

Chairman Pritchard led the assembly in the Pledge of Allegiance.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the January 25, 2005 Regular, April 7, 2005 Zoning, and August 25, 2005 Special Meetings. Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca requested item IV.A.5, Final Plat Approval, Re: Indigo Crossing Subdivision, Phase 4 be removed from the Agenda as additional information is required. The Board approved removal of the item by consensus.

 

 

 

County Manager Peggy Busacca advised on November 9, 2004 the Board approved John Brown & Sons removing pepper trees and pines from the northwest Mullet Creek Island; and recommended authorizing removal of all pines from the island while equipment is there. She stated if the Board approved increasing the Purchase Order by $34,000, it would save $10,000 as the equipment is already on the island.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant permission for John Brown & Sons to remove all Australian pines on the northwest Mullet Creek Island; and authorize increase of $34,000 to the Purchase Order for removal of all invasive species from the island.

 

 

Discussion ensued on funding and removal of other invasive species.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca advised of need for budget transfers for fuel or fuel-related needs including electricity; and requested permission to authorize transfers as necessary for fuel and fuel-related needs as they arise, which may include transfers from the General Fund, depending on funding availability within the particular agencies. She recommended such transfers from the General Fund access the Contingency and Reserve; and advised of shortfalls in SCAT.

 

Discussion ensued on unencumbered funds set aside, and preservation of fuel.

 

Commissioner Scarborough requested biweekly reports.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission for the County Manager to authorize budget transfers as necessary for fuel and fuel-related needs, possibly including transfers from the General Fund depending on funding availability within the particular agencies and such transfers possibly accessing Contingency and Reserves. Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough advised of information received by the City Council of Titusville from its City Attorney concerning eminent domain issues.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct the County Attorney to prepare a memorandum, similar to the one prepared by the Titusville City Attorney, with responses the Board may want to consider concerning eminent domain issues.

 

Discussion ensued on eminent domain.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz complimented the City of Palm Bay on its 911 Memorial Service; and expressed appreciation to Code Enforcement Direction Bobby Bowen for his participation.

 

 

 

Commissioner Voltz advised of desire to build a visitors center at the Sebastian River Buffer Preserve, need for rezoning, and suggestion of the Zoning Manager to administratively rezone the whole parcel to GML(P).

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct the Zoning Manager to initiate administrative rezoning to GML(P) on a parcel in the Sebastian River Buffer Preserve, on which there is a desire to build a visitors facility. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Bob Brown to the Environmentally Endangered Lands Procedure Committee, with term of appointment expiring December 31, 2005. Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated she needs to appoint another person from the financial sector with experience and knowledge of environmentally sensitive lands, who participated in past activities involving acquiring EEL’s lands. She stated she does not have anybody in mind; and requested anyone wishing to serve to apply at her office.

 

 

 

Commissioner Voltz advised of an effort by Scott Sorenson of Allied Moving and Storage and others to take truckloads of supplies to the Gulf Coast region affected by Hurricane Katrina. She outlined the items needed and the locations for donations.

 

 

 

Commissioner Carlson advised of capture of a fugitive presented on America’s Most Wanted television show, with the assistance of the Contractor’s Licensing Office, including Onnie Massey, Mary Lawrence, Pam Willis, Deputy Barbara Pill, and Deputy Supervisor Earl Petty.

 

Commissioner Voltz advised of the loss of $6,500 by a woman in Barefoot Bay and Ms. Lawrence’s assistance in facilitating the return of the money to the woman. She commented on her staff assisting a woman to move to a FEMA trailer.

 

 

 

Sandy Hall of WFIT, 89.5, commented on the service of the radio station, help for the Gulf Coast musicians, and outreach programs. She stated WFIT just celebrated its 30th anniversary; and she has a 30th anniversary CD for each of the Commissioners.

 

Commissioner Carlson advised of the efforts of FIT to house displaced students and professors from the areas affected by Hurricane Katrina.

 

 

 

Commissioner Carlson advised of an article in the Sarasota Herald Tribune concerning an Ordinance in Punta Gorda dealing with contractors who have been taking advantage of Hurricane Charley victims.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to report to the Board on the Ordinance enacted in Punta Gorda after Hurricane Charley that gives the County the ability to fine contractors and order them to pay restitution to homeowners, in addition to suspension or revocation of licenses, for work no completed or done right.

 

 

Discussion ensued on contractors going to the Gulf Coast, price increases, and problems in Barefoot Bay.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Commissioner Colon complimented the City of Palm Bay on its 911 Memorial Service.

 

 

Commissioner Colon advised of a summit with federal, State, County, and local officials in October at the Cocoa Agriculture Center. She commented on joint planning agreements; and requested a report on the status of the JPA with the City of Palm Bay. County Manager Peggy Busacca stated staff will get a letter out today. Commissioner Colon requested information on the status of all JPA’s.

 

 

 

Commissioner Colon expressed appreciation to Cheryl Smith and Beef O’Brady’s who worked to fill trucks to go to the Gulf Coast. She thanked the County for its recognition of Evelyn Guadelupe and Ed Washburn; and commented on seniors who are being taken advantage of.

 

 

Chairman Pritchard expressed appreciation to Information Technology for the laptop; and commented on its use conflicting with the control board.

 

 

 

Chairman Pritchard requested the report on the Punta Gorda Ordinance be in the form of an executive summary.

 

 

 

Chairman Pritchard advised of a 911 ceremony at the Elk’s Lodge.

 

 

 

Chairman Pritchard advised of his grandson’s donations to the Hurricane Katrina victims.

 

 

 

Chairman Pritchard stated nothing has been done on the boardwalk for the Enchanted Forest; and commented on stabilizing a portion of the sand ridge and providing access for the disabled.

 

Discussion ensued on the schedule.

 

 

 

Chairman Pritchard advised of a meeting of the Army Corps of Engineers at Satellite Beach High School that he and Commissioner Colon attended; and commented on the position of the Army Corps of Engineers regarding studies and the need for action.

 

Natural Resources Management Director Ernie Brown commented on erosion on all beaches, vulnerability of the Mid Reach, and expediting the restoration efforts. He advised they will be bringing to the Board letters to Senators Martinez and Nelson requesting assistance in passing the Water Resource Development Act of 2005; and commented on a letter to Congressman Weldon expressing appreciation for his efforts. He advised of the status of the legislation; and recommended sending letters to Senators Martinez and Nelson. He commented on State support, provision of resources for beach restoration, dedicated beach fund, cost sharing, and Lobbyist John Thrasher.

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize sending letters to Senators Martinez and Nelson requesting their assistance in passing the Water
Resources Development Act of 2005; direct staff to work with Lobbyist John Thrasher as well as the Governor’s Cabinet to find and develop the best approach for the State to assist the County in expediting the Mid Reach restoration; and direct staff to also work with federal Lobbyist Ed Pauley.

 

 

Discussion ensued on the Port and jetties, dealing with the manmade problem, annual appropriations, status of artificial reefs, systems that have worked in terms of breakwaters, and reducing rip currents and shark attacks.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

Commissioner Colon advised of opposition from the surfing community; and requested staff make sure both sides are heard. She commented on Nushore research, the Mid Reach, State funding, opportunity to bring Nushore back with better siting analysis, effects of Hurricane Ophelia, and personal attacks.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution recognizing Operation Hope and the work of Jesse and Jann Zermeno in helping migrant laborers and their families. Motion carried and ordered unanimously.

 

 

Commissioner Colon presented the Resolution to Jesse Zermeno who thanked the Board for the recognition.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution proclaiming September 13, 2005 as Brevard County Legal Aid Pro Bono Day. Motion carried and ordered unanimously.

 

 

Commissioner Colon presented the Resolution to representatives of Legal Aid who expressed appreciation to the Board for the resolution.

 

 

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

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming September 13, 2005 as Commodore John Barry Day. Motion carried and ordered unanimously.

 

 

Chairman Pritchard presented the Resolution to Supervisor of Elections Fred Galey who accepted the Resolution on behalf of the Ancient Order of Hibernians. Mr. Galey thanked the Board for its recent recognition of first responders.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming the third week of September 2005 as Industry Appreciation Week. Motion carried and ordered unanimously.

 

 

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

 

Chairman Pritchard presented the Resolution to Jim Stone with Dictaphone of Melbourne and Julie Song of the EDC, who expressed appreciation on behalf of the EDC.

 

 

 

Bob Seemer, ETS, Inc., advised of an organizationwide assessment using the Sterling Criteria by the Governor’s Sterling Council and a more detailed analysis of the organization done by his firm. He advised of the three basic problems discovered, prioritized needs of customers not known, success defined at department level rather than County level, and not focusing on County level outcomes before setting goals; outlined the departments analyzed; and commented on how to proceed and recommendations. Mr. Seemer made a PowerPoint presentation on operational analysis recommendations.

 

Discussion ensued on workshopping the issue, need for input, capturing certain segments, focus groups, full representation, and strategic planning.

 

 

 

Mary Jane Allen, President of Genesis House Governing Board, made a presentation concerning Genesis House, which has three houses and offers services such as a place to live, education, and job training to women of all ages who find themselves pregnant or with children, homeless, and needing a helping hand toward their independence. She submitted brochures to the Board.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt a Resolution proclaiming September 17, 2005 as Kids Day America/International. Motion carried and ordered unanimously.

 

 

Commissioner Voltz presented the Resolution to a representative of Dr. Sheldon Hoxie who expressed appreciation to the Board for the Resolution.

 

 

 

Commissioner Carlson inquired when will the Commission on Persons with Disabilities get started; with Assistant County Manager Don Lusk advising as soon in October 2005 as possible.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution creating the Commission on Persons with Disabilities, and approve a Staff Specialist IV position for a period of one year. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to extend the Landscaping/Land Clearing/Tree Protection Task Force for 90 days to review a draft ordinance that will incorporate its recommended changes combining landscaping and land clearing/tree protection regulations for more cohesive, balanced, and implementable regulations. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the restoration plan to resolve a violation by Mr. and Mrs. Michael DiChristopher of the Surface Water Protection Code by alterations within the shoreline protection buffer through placement of fill and removal of vegetation. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Charolais Estates Subdivision, Phase 2, subject to minor changes if necessary,
receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Palmetto Subdivision, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with David Gravas for Medjool Road, and authorize staff to accept Deeds for roadway and retention areas. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the project funding recommendations prepared by the Technical Advisory Committees to re-appropriate unexpended funds from Dairy Road at Singleton Road Intersection improvements to the North Mainland Sidewalks project; appropriate $175,000 in transportation impact fees collected in FY 04-05 to the North Mainland Sidewalks project for the North Mainland Benefit District; appropriate $75,000 in transportation impact fees to the South Courtenay Parkway at Tropical Elementary School project and $75,000 to the South Courtenay Parkway at Jefferson Middle School project for the Merritt Island and North Beaches Transportation Impact Fee Benefit District; and authorize Budget Change Requests required to implement project appropriations. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with The Mattress Barn, Inc. for property located approximately 265 feet north of U.S. 192 and 480 feet west of Katherine Boulevard. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Pytha Development, LLC for property located 0.378 mile
west of Carpenter Road, at the northern terminus of Birdie Eagle Avenue. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Ray’s Tires Center of Merritt Island, Inc. for property located on the south side of Palmetto Avenue, east of SR 3. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution establishing initial assessment for Serna Avenue Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of three speed humps on Hartford Road in Port St. John. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of two speed humps on Lynne Drive in Sunny Acres Subdivision in Merritt Island. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise request for proposals for continuing consultant service, and appoint Assistant County Manager Ed Washburn, Transportation Engineering Director John Denninghoff, and Traffic Engineering Director Dick Thompson or their designees to the Selection Committee. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a public hearing for September 27, 2005 to consider an ordinance extending the local option gas tax from August 31, 2021 to August 31, 2026. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize conversion of five temporary positions into five part-time permanent positions at Country Acres Children’s Home; and exempt expiration date and hours of work for ongoing temporary employees. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve amendment to the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for fiscal years 2003-04, 2004-05, and 2005-06 to include owner-occupied replacement of site built housing when it is determined to not be economically feasible to rehabilitate the unit. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Agreement with South Brevard Women’s Center for rehabilitation of affordable rental housing for persons with special needs, providing an additional $24,726 of SHIP grant funds. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the amendment to the existing First Time Homebuyer Program Policy HS-007. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Amendments to the existing Repair, Rehabilitation, and Replacement Program Policy HS-008. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Florida Department of State, Division of Library Services for $53,116 Library Services and Technology Grant to create a pilot project called Read Around Florida: P.A.C.T. TIME-PLUS. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the supporting documents for the State Aid to Libraries application, Brevard County Library System FY 2006 Plan and Long-range Plan. Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the application to list Harry T. and Harriette V. Moore Memorial Homesite in the National Register of
Historic Places; and authorize Thomas E. Penders, MS., consulting archaeologist, to submit the application to the Florida Department of State and U.S. Department of Interior. Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment No. 1 to Florida Fish and Wildlife Conservation Commission Florida Boating
Improvement Program Standard Grant Agreement increasing grant award for Lake Washington Park Boat Ramp and Dock Replacement Project from $70,675 to $73,675; and approve Budget Change Request for the increase. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the use of listed vendors of record; authorize issuance of blanket purchase orders exceeding $100,000; and authorize the Chairman to execute contracts with the vendors, and approve competitive action in the event of unforeseen changes to the approved vendors and/or cooperative purchasing programs. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to Purchasing Services to solicit competitive bids and quotes and award to lowest responsive and most qualified suppliers; solicit competitive proposals, establish selection committees, and award contracts to the best-ranked proposers; authorize execution of the contracts; authorize exercising renewal options upon evaluation of supplier performance and recommendations from user departments/offices; and authorize the Chairman to execute contracts and contract renewals over $100,000 in annual value. Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #00-0071 from $8,362 to zero, which is in addition to enforcement costs of $249; and direct staff to prepare and execute release and satisfaction of lien on property located at 2446 Wildwood Drive in Mims, upon receipt of payment of enforcement costs. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve an amendment to the Investment Policy BCC-49 to effectively formalize the appointment process. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution authorizing Joseph W. Mayer, P.E. of Bussen-Mayer Engineering Group, Inc., to act on the County’s behalf in condemnation proceedings regarding the Port St. John Parkway/Golfview Avenue Road Project. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize scheduling the October 20, 2005 Workshop for discussion of the County’s Sterling Pilot Organizational Assessment Project. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to execute the Subscription Agreement with eCvis.com, piggybacking Broward County’s procurement for grants locator services at $33,750 annually; authorize the Chairman, County Manager or her designee as required by the grant, to execute all grant applications,
authorizing resolutions, and necessary forms, which meet any one of the criteria set forth; and authorize procurement of grant professionals to assist Departments/Offices in writing and managing grants. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County Manager to enter into an arrangement to participate in the national Jefferson Awards for Public Service recognition program. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize continued participation in the existing Walgreen’s Health Initiatives (WHI) Clinical Program; approve the recommended additional clinical program proposals from WHI; and authorize Human Resources Insurance Director to execute any and all contract amendments and/or documents necessary to implement these and future clinical and/or cost control programs offered by contracted health plan providers. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Human Resources Director to execute any and all contracts, applications, or other documents necessary to apply for federal subsidies provided by Medicare to encourage continuation of retiree pharmacy coverage through the employer sponsored group health plan. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Human Resources Director to execute any and all contracts, applications, or other documents necessary to renew supplemental life insurance coverage currently available on a voluntary basis to all full-time permanent employees and underwritten by Prudential Insurance Company of America. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution revising the 2005 Brevard Prepares Local Mitigation Strategy Plan. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute a State-funded Subgrant Agreement with Florida Department of Community Affairs for $20,000 to install window and door protection for Eau Gallie High School Science Building. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution adopting the National Incident Management System as the County’s system for response to domestic incidents. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute a National Emergency Grant Worksite Agreement with Brevard Workforce Development Board, Inc. for temporary staffing for hurricane recovery. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve and execute the forms required by the Workforce Investment Act for approval of the Brevard Workforce Development Board’s two-year Strategic Plan. Motion carried and ordered unanimously.

 

 

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

 

 

 

Chairman Pritchard called for the public hearing to consider an ordinance creating procedures for sale or lease of surplus real property and modular structures.

 

Discussion ensued on procedure.

 

County Attorney Scott Knox advised of provisions in the proposed ordinance, deed for Valkaria Airport, leases, discrimination, and competitive bids.

 

Maureen Rupe, Amy Tidd, and Janis Walters commented on issues related to the proposed ordinance.

 

Discussion ensued on municipalities taking over parks.

 

John Mason, Linda Mason, Dan Faden, Margaret Broussard, Curt Lorenc, Barbara Ray, Bobby Putnam, and Phil Nohrr commented on issues related to the proposed ordinance.

 

Mr. Knox read aloud the current Statute relating to the County’s ability to sell real property; stated there are no restrictions on the Board’s ability to sell or lease any property; and advised the proposed ordinance tightens what the Florida Statutes currently allow the Board to do. He outlined situations where the Board would be allowed to sell or lease property under the proposed ordinance.

 

Discussion ensued on new provisions in the ordinance, final version of the ordinance, meetings with community, concerns, future impacts, competitive leasing, limiting vote by making it supermajority, public good, criteria for noncompetitive lease, selling EEL properties, Charter restrictions, ownership of EEL properties, determination of public purpose, and findings of facts.

 

Mr. Knox suggested wording concerning finding of fact could be inserted on page 9, subparagraph b, after "is in the best interest of the County." He suggested the wording, "and makes a finding that the property is either not likely to be needed for County purposes in the future or will be used in a manner compatible with County purposes."

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt an ordinance of Brevard County, Florida creating Chapter 2, Article VIII, Code of Ordinances of Brevard County,
Florida relating to establishing a procedure for the sale or lease of surplus real property or modular structures; providing for sale of real property to adjacent property owners; providing for sale or lease of real property and modular structures by a bidding process; providing for sale or lease of real property and modular structures by a request for proposal process; providing for sale or lease of real property and modular structures by public auction; providing for non-competitive leases of County real property; providing for real estate broker selection procedure; providing for exemptions; providing for application for rezoning of County real property to be sold or leased; providing for conflicting provisions; providing for repeal of Ordinance 93-29; providing for severability; providing for an effective date; and providing for inclusion in Code, amended to include the suggested language concerning findings of facts. Motion carried and ordered; Commissioner Carlson voted nay.

 

 

Commissioner Colon stated she thought the Board was going to approve the supermajority; with Commissioner Carlson stated she did not hear that.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reconsider the Ordinance. The Board reached consensus to reconsider the ordinance.

 

 

Commissioner Carlson stated she would like to see the supermajority as well as the findings of facts to protect the public interest.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Ordinance of Brevard County, Florida creating Chapter 2, Article VIII, Code of Ordinances of Brevard County, Florida relating to establishing a procedure for the sale or lease of surplus real property or modular structures; providing for sale of real property to adjacent property owners; providing for sale or lease of real property and modular structures by a bidding process; providing for sale or lease of real property and modular structures by a request for proposal process; providing for sale or lease of real property and modular structures by public auction; providing for non-competitive leases of County real property; providing for real estate broker selection procedure; providing for exemptions; providing for application for rezoning of County real property to be sold or leased; providing for conflicting provisions; providing for repeal of Ordinance 93-29; providing for severability; providing for an effective date; and providing for inclusion in Code, amended to include language concerning findings of facts and vote by supermajority.

 

 

Chairman Pritchard stated he does not like the idea of hamstringing future Commissions.

 

Mr. Knox read aloud language to be added to Sections 4 and 7.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered; Commissioner Pritchard voted nay.

 

 

The meeting recessed at 12:07 p.m. and reconvened at 12:13 p.m.

 

 

Janis Walters, John Mason, and Linda Mason commented on issues relating to the lease agreement with N19EZ Corporation.

 

Discussion ensued on use of the airport.

 

Attorney Phil Nohrr, representing N19EZ Corporation, outlined the proposal of the company for a hangar to house three aircraft that currently are at Valkaria Airport; advised of the history of the request, the County’s plan to build 20 additional hangars, timeframe for the request; and questioned whether six years is fair or reasonable. He commented on the current temporary hangar on the airport, not skirting FAA regulations, scrub jays being unrelated to the application, stopping aircraft growth at the Valkaria Airport, 40-year life of a hangar, and ownership of hangar.

 

Curt Lorenc, Maureen Rupe, and Bobby Putnam commented on issues relating to the lease agreement with N19EZ Corporation.

 

Chairman Pritchard inquired about fair market value, leasing of property, and how an FBO is done on an airport; with Valkaria Airport Manager Stephen Borowski advising of the procedure for an FBO on Valkaria Airport. Chairman Pritchard commented on hangars constructed at Tico Airport, income for tie-downs, current rental revenue from Dr. McClure, and fair market value. Mr. Borowski commented on prices for hangars at various airports, the basis for setting prices, and value of buildings as a benefit to airport.

 

Discussion ensued on incremental increases in leases, return on investment, scrub jay habitat, location of proposed N19EZ hangar, and lack of master plan for Valkaria Airport.

 

Mr. Borowski read aloud a portion of a letter from the FAA concerning no requirement for airport layout plan as the airport does not accept federal grants. He commented on runway safety zones, safety areas, building restriction lines, airport parking lines, transitional lines, and encroachment.

 

Chairman Pritchard commented on having an escalation clause, operating in the red, using reserves to balance the budget, and status of construction of 20 additional hangars. County Manager Peggy Busacca advised the 20% match source has not been identified, and she assumes it will have to be commercial paper.

 

Discussion ensued on source for $160,000, benefits of proposed hangar, benefit of separating fixed wing and rotary aircraft, and utilization of the airport.

 

Commissioner Voltz read aloud a letter from Janis Walters concerning advanced notice of items on Commission Agenda, lease being alternative way to finance a hangar, County going to
sealed bids without establishing minimum fair market value or determining if proposal is worthwhile, risk of lease on all County lands, FBO impact on conservation and environmentally sensitive lands, abuse of discretion, having to accept best offer no matter how bad, tenant’s obligation to insure the hangar, night lights at airport, Valkaria Airport Advisory Board (VAAB) policies, and actions of Commissioner Voltz and Commissioner Pritchard. She directed questions to the County Attorney, and disputed other allegations of Ms. Walters. Commissioner Voltz displayed a portion of a previous meeting refuting Ms. Walter’s allegation that speakers were not given sufficient time. She commented on membership of the VAAB, canceling Agenda items, separating aspects of the lease, and sufficient notice to the public. Mr. Knox advised the Sunshine Law requires a public meeting and notice, but does not require specifying the agenda. Commissioner Voltz commented on Ms. Walter’s allegations concerning violations of the Sunshine Law; and advised she does not see any proof. She advised of Ms. Walters’ comments concerning a VAAB meeting, airport development, removal of appointees from the VAAB, revisions of the VAAB, and discussion of the Citizens Budget Review Committee; and voiced objection to Ms. Walters putting out information that is not true and factual.

 

Chairman Pritchard distributed pictures of Dr. McClure’s fabric-covered hangar; and commented on location of the proposed hangar and things that have been said that are not true. He commented on operating the airport at a profit; and requested proof of Ms. Walters’ allegations.

 

Commissioner Scarborough advised he is not going to support the lease; and commented on the need for an overall airport plan, enjoying benefits of property that is owned, and ownership rights.

 

Discussion ensued on the airport manager doing the land plan, need for master plan, cost of master plan, timeframe for layout plan, current airport layout plan (ALP), requirement for ALP if airport takes FAA money, and compliance with safety issues.

 

Motion by Commissioner Voltz, to authorize doing an updated airport layout plan.

 

 

Discussion ensued on what update is needed, necessary steps to not lose money on airport, current ALP, updated graphic, proposed hangar for N19EZ Corporation, profit from airport, positive cash flow from 20 hangars, desired projects and cost, maxing out airport property, increasing profit without increasing air traffic, fuel issues, air space of Melbourne Airport, Valkaria Airport remaining Class 1 or 2, market plan within master plan, 15,000 operations per year, and grant to do master plan.

 

Mr. Borowski advised he is working on updating the ALP with help from FIT students; and there is a skeleton of a master plan. He explained the procedure for doing a master plan. Ms. Busacca inquired about timing for funding; with Mr. Borowski responding it would be a one-year cycle. Ms. Busacca advised the Board would need to identify where the money would come from. Mr. Borowski advised of the process to deal with the FAA.

 

Discussion ensued on cost of a master plan, compliance with FAA procedure, generating revenue, updating the ALP, working on the master plan, utilizing experts of FIT, moving to the public, and inability to do in-depth planning without additional revenue.

 

Commissioner Voltz inquired about the amount paid by Dr. McClure; with Mr. Borowski explaining the charges and fair market value. Discussion ensued on costs, hangar rate for three aircraft, size and capacity of hangars, and lack of amenities at airport.

 

Mr. Nohrr stated it was never their goal to get a dollar advantage on the rent; and they have insurance.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to decline to approve the proposed lease agreement with N19EZ Corporation for the replacement of a privately-owned, fabric covered hangar at Valkaria Airport.

 

 

Commissioner Scarborough stated he would like to discuss having staff come back with a report on options that could be pursued at the airport.

 

Chairman Pritchard stated he wants to be sure action is provided so there is something that is relevant and can show what can or cannot happen; and it is time to move forward.

 

Commissioner Voltz stated she will vote to deny, but not because of what was said today; there has been a lot of misinformation; she supports the hangar as a legitimate use; but she sees that it will not go forward, so will support the majority.

 

Chairman Pritchard called for a vote on the motion to deny. Motion carried and ordered; Commissioner Pritchard voted nay.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to provide a brief report on the options the County could pursue with planning at the Airport, the advantages, disadvantages, and opportunities of a master plan, how the County could fund such plan, and the manner in which it can use Ph.D. candidates at Florida Institute of Technology to assist in the process, including the benefits of doing replanning to reflect where the 20 T-hangars are, the cash flow currently, and projected cash flow once there are the 20 hangars, if the Board does not approve doing a master plan; and schedule the item on a future agenda.

 

 

Chairman Pritchard stated he would encourage executive summary style; with Commissioner Scarborough responding not more than a page and a half.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

The meeting recessed at 1:30 p.m. and reconvened at 2:32 p.m.

 

 

 

Chairman Pritchard stated there was a request to allow recreational vehicles to be used to shelter hurricane victims. Commissioner Carlson stated the Board allowed that during the hurricanes that hit Brevard County. Commissioner Scarborough stated the Board could reciprocate for the people in New Orleans.

 

Discussion ensued on abating Code enforcement, methodology, having staff review, tying it into social or church programs, homeless relatives, and setting parameters.

 

Motion by Commissioner Scarborough, to abate enforcement on anybody who is bringing in an evacuee due to Hurricane Katrina, provided it is under the auspices of a sponsoring organization.

 

 

Discussion resumed on relatives, sponsoring organizations, affidavit, procedure, and churches or sponsor organizations providing lists of evacuees.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve abatement of Code enforcement on anybody bringing in an evacuee due to Hurricane Katrina, provided he or she signs an affidavit with the County that the person is an evacuee, or a sponsoring organization provides a list with addresses. Motion carried and ordered unanimously.

 

 

 

Chairman Pritchard called for the public hearing to consider a resolution vacating unimproved right-of-way in Jorgensen’s Plat of Grant as petitioned by the Nyah White Corporation.

 

There being no comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating unimproved right-of-way in Jorgensen’s Plat of Grant as petitioned by the Nyah White Corporation. Motion carried and ordered unanimously.

 

 

Chairman Pritchard called for the public hearing to consider a resolution amending Resolution No. 02-142, Schedule of Rates, Fees, and Changes for water, sewer, and reclaimed water.

There being no comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 02-142, Schedule of Rates, Fees, and Charges for Water, Sewer, and Reclaimed Water. Motion carried and ordered unanimously.

 

 

 

Chairman Pritchard called for the public hearing to consider a rezoning request and Comprehensive Plan amendment for D&E Pumps Sales & Service, Inc., as follows:

 

 

Commissioner Scarborough stated everything has been worked out. Attorney John Evans, representing the applicant, advised there will be no access to both roads.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Item V.D as recommended and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth the seventh Small Scale Plan Amendment of 2005, 05S.7, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize implementation of the Retiree/Retiree Dependent rate premium structure based on years of service as recommended by the Employee Benefits Insurance Advisory Committee, establishing a 4% per-year-of-service employer contribution strategy, to be applied to all full-time permanent employees hired after January 1, 2006. Motion carried and ordered unanimously.

 

 

 

Commissioner Colon distributed information from people from the Crystal Lakes Subdivision concerning the Nushore project. Commissioner Voltz stated she advised the people it was not being done there. Commissioner Carlson stated no funds have been budgeted for Nushore.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution supporting shore protection project and requesting State cost-share funding. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve expenditure of funds for title searches, surveys, environmental assessments, and appraisals in conjunction with the acquisition of property for use as a fire station site on the west side of I-95 in the vicinity of the proposed Port St. John/Golfview Parkway; and authorize staff to begin negotiations for purchase of the property. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the Phase I Environmental Assessment; and accept the Sanitary Sewer Easement located in Merritt Island in favor of Brevard County from Tropical Cove, Inc. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the exemption from the Educational Impact Fee, which was granted based on the contract with Tozzolo Brothers Construction Company, and transfer the continuation to the new construction contract with Meiben Home Builders for Vito and Patricia Larceri. Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated there is a problem; and Mr. Tietig has someone present to address it. She stated the Board has never done things this way; with Permitting and Enforcement

Director Ed Lyon responding not to his knowledge. Commissioner Voltz stated Mr. Knox has advised there is a way to do this.

 

Discussion ensued on County’s methodology, roads, not impacting County revenues, and percentage of residents who must approve MSBU’s for dirt roads.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Option 2, to waive the first phase of the Unpaved Road Ordinance and allow roads to be developed utilizing the MSBU program for road paving, with MSBU staff to re-survey all property owners with projected costs associated with improvements and require 66/67% of the property owners to be in favor of the project.

 

 

County Attorney Scott Knox advised Mr. Tietig is offering to front the money for the road, and wants to be reimbursed for the portion he does not own. Commissioner Voltz stated the alternative is to do the MSBU, and Mr. Tietig is willing to do that.

 

Discussion ensued on the methodology, fronting the money for the road, nothing in place to get money back, and unfairness.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

Commissioner Scarborough stated the matching money is not coming from the County but from Gen Development, which has nearby property; however, it is coming under the County’s auspices, and the County will determine the plant materials, amenities to the soil, and the sprinkler system.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution allowing the Roadways and Landscaping Director and his staff to apply for a Highway Beautification Grant, and if awarded enter into a Highway Beautification Council Grant, Landscape Construction and Maintenance Memorandum of Agreement with Florida Department of Transportation for all phases of the landscaping improvements along US 1 in Mims. Motion carried and ordered unanimously.

 

 

Chairman Pritchard advised this item should be considered under public hearings, not new business. Zoning Manager Rick Enos advised in 2002 the Board adopted an amendment to Section 62-1901, which stated that conditional use permits have a three-year life; and now CUP’s are starting to expire. He stated there is also a provision in Section 62-1901 that says that renewals of conditional use permits may be considered by the Board if the applicant can demonstrate compliance with all current standards or review criteria; it does not say how the Board is to consider renewals; and the County Attorney has advised it is safest to consider renewals under the standard conditional use public hearing process. Chairman Pritchard inquired if the Board cannot do it this way and should do it another way. County Attorney Scott Knox inquired when Mr. Miorelli’s three years are up; with Luke Miorelli responding October 3, 2005, and he cannot get a building permit between now and then. Mr. Knox advised the Ordinance is ambiguous on that point; and advised this should follow the public hearing process, because once the CUP expires, it is like it never existed, and the applicant should go
back through the process; however, the renewal language is open to the interpretation that it can be done with something short of a public hearing, so it is up to the Board how it wishes to proceed. Chairman Pritchard inquired if the Board handles this today, will it be creating a problem for future endeavors; with Mr. Knox responding yes, because the Board would be interpreting the Ordinance to mean that a public hearing is not needed.

 

Discussion ensued on the procedure, waiving timeframe, initiating amendment to clarify, setting precedent, red light doctrine, and setting up administrative extension process for those in the process already.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve a two-year extension of existing CUP Z-10732 for Convenience Store with Gasoline Sales, as requested by Luke Miorelli, P.E.; and approve allowing administrative two-year extensions of CUP‘s that are in the process. Motion carried and ordered unanimously.

 

 

 

Chairman Pritchard advised Ms. Knox is not present.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to deny request by Jinger Knox to reduce costs associated with Special Master enforcement case, consider this as a request to appeal within the 30-day time period, and stop the order from being recorded as a final judgment. Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox stated the Gryphon Group lease is for a portion of the Sheriff’s Work Farm where they will be training people, including members of the Sheriff’s Department, in anti-terrorism measures; and this will be the first use of the Ordinance the Board just adopted.

 

Commissioner Carlson stated it is of public interest and purpose; and she supports it.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution and execute Lease Agreement with Gryphon Group Security Solutions, Inc. for a portion of the Sheriff’s Work Farm. Motion carried and ordered unanimously.

 

 

 

George Boyd explained that he was told as long as he had signed contracts before the September 1, 2005 deadline, he would not be affected by the impact fee increase; he was not aware he had to bring in the contracts to get the exemption; due to the hurricanes, he did not pick up permits until November 2005; he is a small builder and the extra fees will hurt him; and requested a reduction in the impact fees as the contracts were signed in February and May of 2004.

 

Discussion ensued on the amount of impact fees.

 

Commissioner Scarborough inquired if staff has copies of the contracts; with Permitting and Enforcement Director Ed Lyon responding he has copies of the contracts, but not copies of the receipts or cancelled checks to prove that money was put down. Mr. Boyd stated he can provide that.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve exemption of Impact fees for Permits M0168746 and M0175259 as requested by George Boyd, contingent upon Mr. Boyd providing copies of contracts and receipts or cancelled checks.

 

 

County Manager Peggy Busacca clarified this is for school impact fees only; with Commissioner Scarborough responding that is correct.

 

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz stated on Sunday there was a 911 Memorial Service by East Coast Revival Center at Eau Gallie High School; and they did a great job. Commissioners Carlson and Colon commented on the event.

 

Chairman Pritchard advised of the upcoming Paws at the Pier event at the Cocoa Beach Pier.

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 3:50 p.m.

 

 

 

_____________________________________

BOARD OF COUNTY COMMISSIONERS

ATTEST: BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

 

(S E A L)