MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 12, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 12, 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 Pastor Jeremy Coppock of Faith Baptist Church, Titusville, Florida.

 

 

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Minutes of February 2, 2005 Zoning Meeting, February 8 and 22, 2005 Regular Meetings, and March 3, 2005 Special Meeting.  Motion carried and ordered unanimously.

 

 

 

County Manager Peggy Busacca requested Item IV.A.12., Request of Mike Dahme for Waiver of Easement  Requirements, be rescheduled to July 19, 2005 meeting.  Commissioner Voltz requested it be rescheduled to July 26, 2005. 

 

Ms. Busacca requested Item IV.B.6., Approval of Payment of Delinquent Taxes for Dorothy Holway Trust’s Donated Property, be withdrawn as Ms. Holway changed her mind about the donation; and Item VII.A.1., Resolution of Necessity for Pineda Causeway Extension and Realignment Project, be rescheduled to July 26, 2005 as Ms. Ortega is out of town and will not be back until later this month.

 

Ms. Busacca advised Item IV.A.23, Joint Planning Agreement with City of Titusville for Intergovernmental Coordination for Pending Development Orders and Infrastructure Responsibilities, has minor changes as recommended by staff.

 

 

 

County Manager Peggy Busacca advised two staff members have been called to assist people in Pensacola; Craig Engelson was asked by the State to head up animal services response; and a gentleman from Fire Rescue was called up by the National Guard.  She stated in addition, the County stands ready to do what it can and has been contacted about the possibility of sending a fire truck with four firefighters; they do not need it today; however, if they do in the future, staff will be assisting with that as well.

 

Commissioner Scarborough stated it would be nice to send a letter to the Chairman of Escambia Board of County Commissioners giving the Board’s condolences and saying Brevard County is holding those people in their prayers. 

 

Chairman Pritchard stated he would be happy to do that.

 

 

REPORT, RE:  AGENDA ITEMS (CONTINUED)

 

County Attorney Scott Knox requested Item VII.E.9. Resolution Reaffirming, Clarifying, and Integrating Actions of Prior County Commissions with Actions of Mosquito Control District Regarding Review and Approval of Development Proposals Within Mosquito Impoundments, be rescheduled to the July 19, 2005 meeting.

 

 

 

County Attorney Scott Knox advised he will be leaving the meeting at 3:00 p.m. to fly to Tallahassee to argue in the First District Court of Appeals on the Farmton case.

 

 

 

Commissioner Colon requested County Attorney Scott Knox give the Board feedback about an ordinance regarding serving a public purpose and after that to talk about a meeting from last week.

 

County Attorney Scott Knox inquired which ordinance; with Commissioner Colon responding the one that would allow a lease with the Gryphon Group.  Mr. Knox stated Commissioner Colon asked him to look into the possibility of working some other alternative way to work out a lease  arrangement with the Gryphon Group that is trying to train people in anti-terrorism; and the way that can be done without going through the statutory bidding process is to adopt an ordinance that provides exemption of the bidding process under certain circumstances.  He stated the Statute that authorizes the bidding process also authorizes the Board to adopt such an ordinance; so if the Board is interested in pursuing that, they can prepare something.  Chairman Pritchard stated he is interested.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to direct the County Attorney to prepare an ordinance providing for exemptions in the bidding process under certain circumstances.

 

 

 

Commissioner Colon requested County Attorney Scott Knox or Chief Bill Farmer to elaborate on what took place at the meeting they had last week with the Tax Collector’s Office.

 

Chief Bill Farmer stated they had a meeting last Friday with Mr. Northcutt’s attorney, Ms. Broome, Ms. Busacca, and Mr. Whitten; and there was discussion about attempting to move the EMS assessment back into the General Fund and move the Fire MSTU below the line on the  tax bill to create what in essence would be a fire rescue availability fee.  He stated Commissioner Colon asked if he could meet with Mr. Knox and Mr. Whitten to begin working on that and if feasible to do an ordinance of intent sometime around September; that is the action they are taking at this point; and Mr. Knox, Mr. Whitten, and he have not gotten together yet, but they are trying to schedule that meeting for next week.

 

Chairman Pritchard stated he understands if they do that, it will change the roll back rate and could show an increase above the 3% that the Board generally prescribes; but if it is being done for a specific reason and as long as everyone understands why that affects the 3% above roll back, then he has no problem with it.  He stated he wants to make sure it is clearly understood that the implication of having something higher than 3% roll back is only because of the action the Board is taking to put the EMS fee below the line as a fee and not ad valorem tax.

 

Mr. Farmer stated one issue might be a couple of things; first there may be some trade off; and that is why they are meeting with Mr. Whitten.  He stated they will be moving about $31 million of fire money below the line as opposed to $13.5 million going above the line; how that washes out in legal issues he does not know; but if the building was on fire, he could tell the Board what was going on; however, when it comes to roll back and taxes, he has to rely on Mr. Whitten and Mr. Knox.

 

Commissioner Voltz inquired if it is not going to change the bottom line and the amount of money is just how it is all calculated; with Mr. Farmer responding they do not know that specifically, but that is definitely the goal, to make sure there is some type of wash.  He stated whether that actually happens once they crunch the numbers they do not know yet; and that is the most important issue.  He stated it is not going to take effect until fiscal year 2006-07; as far as this fiscal year, the Board will be discussing the funding sources that remain the same as there is not enough time to do anything.  He stated it is not that they believe the assessment is wrong; they believe they have every right to do that and it is a legal fee; however, if there is a way to stop using staff time and attorney time and there is a better way, that is what they are trying to look at.

 

County Attorney Scott Knox stated before staff engages in that act, the Board should have an executive session to talk about it because there could obviously be some legal ramifications by trying to change things that may not be beneficial to the legal position.  Chairman Pritchard inquired if the Board should have that executive session today or at the next meeting; with Mr. Knox responding July 19, 2005.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to grant permission to advertise and schedule an executive session for July 19, 2005, to discuss the Palm Bay v. Brevard County case.  Motion carried and ordered unanimously.

 

 

REPORT, RE:  AGENDA ITEMS (CONTINUED)

 

Commissioner Scarborough requested Item IV.C.4, Permission to Award Proposal #P-2-05-09 and Execute Contract for Landscape Maintenance for North Area Facilities; and Item IV.C.5., Permission to Award Proposal #P-2-05-11 and Execute Contract for Lawn and Irrigation Maintenance for Fay Boulevard, be tabled, as there are some options they may want to consider.

 

Commissioner Scarborough stated regarding the JPA with the City of Titusville, in addition to the scrivener’s errors, he talked to City Attorney Dwight Severs; in the Agreement there is reference to the Riveredge Planning Agreement; it may be advantageous to have the attachment of that Agreement; so that should be part of the motion if it is acceptable when the motion is made.  Planning and Zoning Director Robin Sobrino advised that has been added to the Agreement.   Commissioner Scarborough stated the City Council will be making a decision tonight, so staff needs to let the Council know what changes were made.  Ms. Sobrino stated right now the Council has the same version that is before the Board.

 

 

 

Commissioner Voltz advised at 1:00 p.m. tomorrow in Building A at Barefoot Bay, they will be having a master plan meeting where they will be deciding some issues on growth and development in the south part of the County; it is their first meeting; and the general public will be involved in all the processes.  She stated they had meetings in the past, but in small rooms and could not  fit everybody; but this time they will have a huge meeting, their first one, and she hopes anyone from Grant, Valkaria, Palm Bay, and parts of South Brevard will attend.

 

 

 

Commissioner Carlson stated this year she dealt with skin cancer; that is what the patch on her face is all about; and she will be a poster child for a while because the patch has to stay.  She stated she is from the generation that did the baby oil and iodine for many years; luckily they got smart about SPF and putting that sort of thing on; and as a public official, she will be a poster child for that sort of thing because what she had on her face was not what she thought were skin problems but something they called pregnancy spots, which are brown spots on one’s body.  She stated it started to discolor and that started it; a month later she had 100 stitches in her face and a bandage on it; so everybody needs to be very serious when they go out in the sun.  She stated she is not a sun worshiper any more; that was back when she was a teenager; and she does not care any more about getting burned and then turning white, as it was not worthwhile.

 

 

 

Commissioner Carlson stated her office has been receiving a number of phone calls about the lack of County observance of flag protocols on Memorial Day; she was told by staff it costs about $25,000 in overtime to raise and lower every flag on every County property; so perhaps they could do less than all sites and still show respect on Memorial Day.  Commissioner Carlson inquired if County Manager Peggy Busacca could ask veterans organizations to assist with their input on this, if it is okay with the Board.  Commissioner Scarborough stated that would be great.

 

 

 

Commissioner Carlson stated she had a lot of input in her office regarding permits that were cut on Rockledge Drive; Rockledge Drive was impacted from the hurricanes last year; and some of the folks have gone through permitting while others did not understand they were supposed to go through permitting.  She stated about 17 folks did not get a permit, she does not have a problem with the triple fee penalty that the County would put against them; but for those who have gone through the permitting process and everything else, there should not be any penalties.  She requested Natural Resources Management Director Ernie Brown review the cases and determine whether or not to waive the triple fee when appropriate.  She stated Mr. Brown is aware of what she is talking about; and it has been one of those unintended consequences of trying to recover from the hurricanes for some of those folks and not knowing when they were supposed to get permits and when they were not.  She stated they were all based on getting permits from the St. Johns River Water Management District but did not realize they need to follow that up with permits from the County.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize Natural Resources Management Director Ernest Brown to review cases regarding permits issued on Rockledge Drive and determine whether or not to waive the triple fee.  Motion carried and ordered unanimously.

 

 

 

Commissioner Carlson stated the Board adopted a Resolution on the issue of eminent domain; there is a Supreme Court ruling that sort of knocked everybody off their perch; but when it comes to life, liberty, and the pursuit of happiness as the Constitution lays out, she would support the Board considering a Charter amendment to help protect it from this issue.  She stated the Board does not know when or if this is going to come before the Supreme Court; it might want to consider that as an option to protect property rights in Brevard County; and inquired if Mr. Knox has comments on that and if the Board can do that sort of thing.

 

County Attorney Scott Knox stated his office will evaluate how that decision impacts Brevard County and Florida, and will return with a report.

 

 

 

Commissioner Carlson stated the County News is the National Association of Counties news tabloid that they get; there were two articles in the June 6, 2005 issue; she usually does not have a lot of time to read it, but one issue was on new emission standards for county fleets that will fuel budget increases; and requested staff look into that.  She stated it is in regards to new laws on ultra low sulfur diesel fuel emission; it appears that any county government intending to purchase fleets that use diesel power vehicles will have specific rules and regulations and improved emission standards to deal with; and those will begin in 2007.  She stated evidently it takes a bit of transitioning; so it would be important for the County to take a look at it.  She stated she would like to get a report from staff on that.

 

 

 

Commissioner Carlson stated the other item in the County News is about blogging and what the County should know; she does not know if anybody knows what blogging is; most people are beginning to know; and she did not realize it until she had a run in with blogging with a mentee of hers who was using it extensively and nobody knew it.  She stated blogging is a way to journalize what a person does and everything else to any degree they want to on the Internet; it can be all anonymous but does not have to be; and what the article talks to is the fact that a blog is a weblog, a website created by an individual who uses it as a diary or journal revealing all types of information about his or her personal or professional life, opinions, news, and links.  She stated that sounds harmless; but blogs are at the center of a public debate currently ongoing about the role employers have in monitoring the blogs of employees.  She stated she does not know if many people looked in the paper, but there was an episode where company secrets were put out on a blog; there were lots of legal battles that ensued; and in response to the growth of those blogs and the possibility that they contain privileged or confidential workplace information, many companies have turned to establishing policies and that sort of thing.  She stated she wants the Information Systems Department to review it to see if it is necessary to put in a policy in terms of use of blogging on the County’s Internet.  She stated even though they live in a public universe in government, there are still issues that might need to be addressed; and inquired if Mr. Knox had any commentary about that and could give the Board his opinion.  County Attorney Scott Knox stated they will look into it.

 

 

 

Commissioner Colon stated England went through what the United States went through with 9/11; it opened a lot of scars for our country; and it definitely is about being able to focus on the fact that they must be vigilant.  She stated it was extremely hard to witness that because she was able to think about what happened to the United States; as a nation everybody tried to figure out what they do as individuals; it is important even something as small as putting a magnet on the car showing support for the troops is important because it is not whether they support the war or not, it is that our men and women are there sacrificing their lives; and it is a big thing for a mother, wife, son, or daughter to be behind a car that says Support Our Troops, because their loved ones are overseas fighting to allow people to carry on business.  She

stated it opened a lot of wounds for her; she was trying not to watch the television because she has been very open about sharing the fact that she lost a lot of people she loved and care about at the World Trade Center; so it opened those wounds, but she was very fortunate and blessed to have a dear friend who she respects and cares a lot about who is very wise, and who said, “Jackie, even though you reminisce, and it is good to think about your friends, but if we allow terrorists to get us to the point where it’s going to make us sad, and it is going to really make us fear and not go on with our business as usual, then they win.”    Commissioner Colon stated that is what terrorists do; they try to create that fear in our country; and they try to create all that doubt and questioning of everything; and that is why the United States is extremely blessed to have the men and women willing to bring the fight to their soil because it could be here.  She stated that is the kind of choice that she always talks about; they either bring the fight to the cowards or allow it to be here and expose the children to that; and she does not want that.  She stated she wanted to share a little of that because sometimes they take that for granted; they are able to go to their jobs, get up, come back, and not think about the men and women at war; but that is not everyone; a lot of them carry yellow bows letting them know they support them; they are not letting terrorists do that to them and they are able to show perseverance and courage they have as Americans, and being grateful.  She stated that was one thing she wanted to share with the Board; and thanked her friend for sharing those words of wisdom with her.

 

 

 

Commissioner Colon stated there have been a lot of meetings that took place with the City of Palm Bay and the YMCA and there might be some opportunities in the south part of the County with a new community center that is going to be built.  She stated they are at the point where the RFP is going out; everyone is excited; they do not want to wait too long; and the YMCA feels there could be a partnership.  She stated she wanted the Board to know those are things that are going on; they do not have everything prepared to be able to show the Board to decide whether it wants to consider it or not; but she wanted to give it a little information so it is not caught off guard about some opportunities with the YMCA.  She stated there is x amount of dollars for operation; this would allow an opportunity for the YMCA to see about it; and it will be coming back once it is cleaned up.

 

 

 

Commissioner Colon stated she is not saying the Board needs to do what some cities are doing in regards to sexual predators, but it is something it needs to look at closely; she does not want to put it in an ordinance that may come back and bite the Board if it is unconstitutional or whatever the case may be; but it needs to look closely at some of the policies and ordinances being put together throughout the nation, not only in the State of Florida; and once that comes back and the court challenges come out positive, she would like for the Board to put those types of ordinances in place to regulate those people who prey on children.  She stated she was extremely active in the City of Palm Bay where they pushed to make sure law enforcement went door to door to let neighbors know that there was a sexual offender in their neighborhood; everyone has the power to go on the Internet and look up sexual predators; and they would be surprised at how many of those monsters there are.  Commissioner Colon stated the last time she said that someone was offended, but that is what they are; they are monsters who prey on the innocent; and the Board needs to make sure, as a community, that it protects the children from that.  She stated it is something she is going to keep an eye on and hopes, once the court challenge is over and it is okay, that Brevard County follow that.

 

 

 

Chairman Pritchard advised the launching of Discovery will take place tomorrow; and wished them Godspeed.

 

 

 

Chairman Pritchard stated Peggy Busacca went to Hawaii, and he went to Chokoloskee for his vacation; it is south of Everglade City right on the Florida Straits; and it is definitely what Florida was about 100 years ago.  He stated there is a store there called Small Woods; if anyone gets a chance they should go there just to say they have been there; and they have not seen anything like it.  He stated he went on the Annual Cracker Tour of Florida; anyone who has not toured Florida has not seen Florida; he is talking about back roads, mud huts, ball of string, and all those things that made Florida what it is; and they should stop in Yeehaw Junction and the Town of Ona on SR 60; and there is not much going on, but it is a nice place to pass through.  He stated they started in Titusville with a tour of the Indian River, and want to thank Captain Doug for that because it was great; they went to Dixie Crossroads to have lunch and he ate too much; and they went to Mount Dora South de Florida Forever, which is a good chunk of what Florida also was.  He stated they traveled through Yeehaw Junction to Cypress Gardens then to the West Coast, Bradenton, Sarasota, Ringling Museum, Boat Marine Laboratories, Sanibel, and Fort Myers; and they have the same growth problems Brevard County does.  He stated reading the newspapers there is like reading it here; they have the same issues; and they went to Naples down through Everglade City and Chokoloskee then to Fort Lauderdale and back home.  He stated he asked people how many miles they thought that was; most people said 600; it was 920 miles; and he would not have thought it was that much.  He stated he had a great time, met good people, had good food, did not do any chain restaurants, and avoided them as much as they could; they went to the mom and pop restaurants and exhibits; and anyone who has not toured Florida that way has not seen Florida.  He suggested people spend their money in their State. 

 

 

 

Chairman Pritchard stated he wants to congratulate Wyatt Werneth, chief lifeguard for Brevard County, for winning the 2005 Waterman’s Challenge during the Cocoa Beach 80th Birthday celebration in June.  He stated his trophy will be on display in the County Manager’s office; and he wanted him to relay that Cocoa Beach will host the National Lifeguard Competition on July 21 and 22, 2005 with over 500 lifeguards competing for championship positions.  He stated the Board wishes its lifeguards the best.

 

 

 

Chairman Pritchard stated he was pleased to accept a check in the amount of $4,375,000 from Lieutenant Governor Toni Jennings for Community Development Block Grant Disaster Relief Funds; it is important to remember that many families in Brevard County are still recovering from the devastation and hardship brought by last year’s storms; the U.S. Housing and Urban Development and State partnered in distributing those relief funds to repair and replace public infrastructures, provide housing, and boost local economies; and accompanying him was Commissioner Colon, Gay Williams, and John Herrera from Housing and Human Services.  He stated those are checks the Board likes to get; and presented it to County Manager Peggy Busacca, noting he knows it will be used appropriately.

 

 

Fire Chief Bill Farmer advised Chairman Pritchard was the keynote speaker at their Annual Awards Ceremony; and the Brevard County Fire Rescue would like to recognize him with a plaque  that says, “Brevard County Fire Rescue would like to recognize District 2 Commissioner Ron Pritchard for his outstanding contributions as the keynote speaker at the 2005 Brevard County Fire Rescue Awards Ceremony.  He presented the plaque to Chairman Pritchard.  Mr. Farmer stated the field staff were impressed and happy that the Chairman was their speaker and Commissioners Colon and Voltz were at the ceremony as well as County Manager Peggy Busacca; and it is a tradition they would like to extend to the Board, that the Chairman be their keynote speaker. 

 

Chairman Pritchard stated it is always an honor to be anywhere that the firefighters are; it was a touching and emotional evening; he spoke to the Commissioners and Ms. Busacca before and after the ceremony; and Ms. Busacca was very touched by the emotion of the ceremony.

 

 

 

Chairman Pritchard stated at a May 2005 meeting, the Board acknowledged receipt of a report from the Brevard Marine Advisory Council outlining its concern with the decreasing number of marinas and public launch facilities; dry storage is also limited; and existing boat ramps are insufficient to accommodate the need of those who trailer boats.  He stated the available parking is also inadequate for the demand; the public waterfront is shrinking due to pressure on existing marinas to sell their properties to condo developers who want to privatize dockage to condo owners; and possible consequences of the Brevard County Manatee Protection Plan are the reduction of new marina sitings, restrictions, permitting process on the expansion of existing marinas, and construction of additional boat ramps.  Chairman Pritchard stated the Board agreed with the Marine Advisory Council to begin studying the economic and access impact to the public; to that end he assembled a group of experts who met in May and June to discuss ways to prepare comprehensive reports for the State’s consideration; and with the Board today are Dr. Charles Sidman, a coastal planning specialist for Florida Sea Grant’s Boating and Waterway Management Program with the University of Florida, and Dr. Robert Swett, Programs Coordinator, who will give the Board a short presentation on reports they provided to Lee and Sarasota Counties.

 

Dr. Robert Swett advised he is with Florida Sea Grant; and he and his colleague, Dr. Charles Sidman, were invited here to present to the Board some of the work they accomplished in the area of boating and waterway management in Southwest Florida, in particular the concept of how that work might help Brevard County plan for future boating use and public access to County waterways.  He stated before he begins the slide presentation, he wants to draw the Commissioners’ attention to the folder handed out to them that contains a copy of the presentation they will see this morning as well as a short document that outlines what they propose, a project overview, and an estimated budget as well.  He stated his presentation will last about 10 to 15 minutes with a short introduction to what the University of Florida’s Florida Sea Grants Program is and what they do, why plan for public access and why it has been done in other counties in Florida; and to specially go over an overview of project elements that they propose, which would help the County plan for future public access.  He stated Florida Sea Grant  Program has existed for 34 years; it was formed due to federal legislation; at the federal level, they are housed within the National Oceanic and Atmospheric Administration (NOAA); and in Florida their host entity is the University of Florida.  He stated it is a partnership at the Florida Board of Education, NOAA, as well as Florida communities, citizens, industries, and government; and the graph shows the degree of participation throughout the State at the University level.  He stated one important component is the Extension Service throughout Florida; in a large measure, they are here today through the efforts of Brevard County Extension Program, in particular Jim Fletcher, Director of the Program, and Chris Combs, the Marine Agent, who for years have been trying to get them here to work in this part of Florida.  Dr. Swett stated the overall mission of Florida Sea Grants is to enhance the practical use and conservation of the State’s coastal and marine resources to create a sustainable economy and environment; Florida’s coastal lifestyle, living along the coast, as well as recreating along its shores and waterways is very popular; that brings with it a myriad of issues; and one of those issues is loss of public access, including loss of navigational access as well as loss of public facilities that provide for launching a vessel and servicing a vessel.  He stated other issues are degradation and damage to habitat and species; those are the types of issues they are confronted with; and their mission in the Boating and Waterway Management Program since 1988 has been to try and balance the protection of those vital resources with the public’s access to those resources.  He stated the marine industry is a vital component of Florida’s economy; in 2000, it contributed sales output of about $422 billion in comparison with other sectors of the economy, such as forestry and citrus; and it has generated, 180,000 more jobs than any of the other four sectors presented here.  Dr. Swett stated tourism is probably the most well known and largest component of the economy; Florida Department of Environmental Protection estimates it represents about 20% of the economy; and surveys have shown that over one-half of the visitors coming to Florida are engaging in nature-based activities with boating and related activities being a very important component.  Dr. Swett advised Florida is #3 in terms of numbers of recreational boaters; Florida has the distinction of the top 100 fastest growing counties in the United States, 14 more than any other State in the nation; and while Brevard County is not among those top 100, there are a number of counties inland of Brevard County that likely contribute a large portion of the boating traffic to County waterways among those top 100.  He stated the projections for the future show Florida is the third best growing state; that is projected to continue at that fast clip; and the numbers of registered recreational boats have increased at a greater rate than the population growth and over the last 20 years have more than doubled.  He stated Brevard County is #7 and a number of inland counties that contribute significantly will be growing in terms of number of recreational boaters over the next couple of years; so the planning dilemma they face is how to balance the growth in boating, water use, and development with the protection, conservation, and management of the vital resources that they depend on, not only for their lifestyle but for the economy as well.  He stated they feel planning and sound policy based on scientific information are very important; so he will list four project elements they feel will help the County plan for public access, then go through them in more detail.  Dr. Swett advised the elements are:  (1) characterization of recreational boating activities and economic impacts provided to the County for recreational boating; (2) demand profile of recreational boaters as well as County boating facilities; (3) site suitability analysis to determine which sites are best suited for developing new facilities or which existing boating facilities are best suited to be expanded or enhanced; and (4) look at identifying regulatory policies that affect development, use, and protection of the County’s marine resources and assess current regulatory limits to water-dependent and water-related uses.  He stated some of the issues that need to be looked at when the time comes to implement the plan are the first element, recreational boating characterization, which includes analysis of traffic patterns that occur on a land transportation system, where boaters come from, what inland communities or counties are contributing boat traffic to County facilities and waterways, and more specifically to look at the actual demand placed upon specific boating facilities from the inland areas, mapping the travel patterns that occur on the waters, and looking at the activities and destinations where boaters are going on the waterways.  He stated a component that would be added to the element would look at the economic impacts or contributions of recreational boating to the County.  He stated the boating characterization would be accomplished by using a map-based boat questionnaire that has been implemented in six counties in Southwest Florida; so it has proven itself and was done in collaboration with the Florida Fish and Wildlife Conservation Commission.  He stated it consists of two components; one side is a series of questions to get at such information as demographics, travel times, when boaters go out on the water, seasonal information, and economic information; and there is a copy of the questionnaire currently being used in Charlotte County for the Greater Charlotte Harbor area, and Charlotte and Lee Counties in the brochure the Board has, but it does not include economic questions, which will be added to the component for Brevard County.  Dr. Swett stated the second is a map on which a sample of boaters would sketch out the travel patterns that they travel on the waterways as well as their destinations and activities that occur on the waterways; and that information is then digitized into a boating resource geographic information system capturing not only the characteristics from the questionnaire but also the travel pattern, origins, where they are launching from, the travel routes, their destinations, and their preferred activities on the waterways.  Dr. Swett stated the two maps show the results of a study that was completed for Tampa and Sarasota Bays; on the left is respondents’ departure sites, favorite destinations, and congested areas; the color gradations show differing use intensities; the blue color gradations indicate travel patterns and how they intensify; and the pink indicates preferred destinations; so they get a good picture of the traffic patterns that occur on the waterways.  He stated in the second element, in order to adequately plan for future public access, it is necessary to project what the future demand is going to be on the public boating facilities as well as access, and what is the current capacity of that boating infrastructure to serve the future demand.  He stated for the purpose of the study, a supply/demand profile will be constructed and will consist of one component of inland service areas that contribute boating traffic to boating facilities that will be mapped.  He stated it is important to determine the locations from which boaters are coming to County facilities; it will also facilitate projecting the future demand for those facilities; and that future demand will be accomplished for inland services areas by being mapped based on current traffic to facilities by boaters by looking at the projected demographic and development patterns as well as anticipated growth in boat registrations within the service areas.  He stated they can map the service areas on the land as well as the water according to specific boating facilities, such as ramps, for instance, what the activities are, and where they are occurring based on specific boating facilities in County waterways.  Dr. Swett stated the third element would be a site suitability analysis; what they are looking at is determining which sites are best suited for developing new facilities or which existing boating facilities are best suited to be enhanced to accommodate that future growth that is expected; and that will be based on the supply/demand analysis, looking at where along the County waterways and inland that growth is expected to occur and therefore which facilities are going to have the most demand placed upon them.  He stated some of the factors that will be considered when looking at specific sites are developmental as well as environmental factors; the list of considerations includes road access, water service, central sewer, boat access, water depth, wetlands, aquatic preserves, seagrasses, and manatees among other things; and the site suitability analysis is based on a project they completed for Charlotte County a number of years ago, which formed the basis of the study that was completed for St. Johns County.    He stated with that information, the developmental and environmental characteristics site suitability ratings are assigned to parcels by which they can be prioritized to determine which are best suited for future siting or enhancement for public access.  Dr. Swett stated the last component they worked with the Center for Governmental Responsibility at the University of Florida College of Law; they are currently working that area; and they would identify some of the regulatory policies that affect the development, use, and protection of coastal resources in the County as well as assess current regulatory limits on water-dependent and water-related uses.  He stated based on the work they have accomplished in other areas, he has cost out estimates that the Board can look at for completion of the four components; each one leads up to the final plan that the County would consider; and that is the conclusion of his presentation.

 

Chairman Pritchard stated one of the considerations Commissioner Scarborough mentioned was the upland capability of providing water access; so when they decided to look into it, he  talked to Jim Fletcher and asked how can they go about doing it; and they decided that the best way to do it was to put together a group that would look at the best way to handle the demographics of the area to make sure they had reliable and responsible data that would provide direction to the Board.  He expressed appreciation to Dr. Swett and Dr. Sidman for coming to the meeting; and inquired if Commissioners had any questions.

 

Commissioner Voltz inquired if they are the same gentlemen who will be at the marina siting meeting they are going to have at the end of the month; with Dr. Swett responding they will both be there.  Commissioner Voltz inquired if this is the presentation they will be doing; with Dr. Swett responding he spoke to Mr. Fletcher about that and they felt they could tailor it to the County’s needs; and Mr. Fletcher is going to contact Commissioner Voltz to discuss exactly what she wants.

 

Commissioner Carlson inquired if Dr. Swett said he worked with a couple of different counties; with Dr. Swett responding yes, the recreational boating characterization has been completed for Tampa and Sarasota Bays; the pilot was done in Charlotte County some years ago; and it is now in progress in the Greater Charlotte Harbor, which is Lee and Charlotte Counties.  He stated Sarasota is also being done.  Commissioner Carlson inquired if with all the analyses they have formulated solutions to issues, given different scenarios that he laid out in terms of what is the outcome of doing all the analyses if they cannot actually use it, and then identify solutions to the problems that exist in that community.  She inquired if they thought that part through; with Dr. Swett responding in terms of Charlotte County, that was done for the marine element of its Comprehensive Plan and incorporated into its Plan.  He stated the four elements described this morning all lead up to the presentation of solutions; in terms of Charlotte County, that made its way into the Comprehensive Planning process; so that would be hopefully what the Board would be looking for.  He stated that is the way they framed it this morning in terms of looking at all four elements, which they feel are critical to reach that point where they have a plan in process that tells them where facilities need to be enhanced or placed and gives it information as to what that enhancement needs to be based on the demand that is projected. 

 

Chairman Pritchard stated Natural Resources Management Director Ernie Brown was part of the group, along with Steven Webster, Tom McGill, and Port Commissioner Ralph Kennedy; he talked to several Commissioners of the Florida Inland Navigation District (FIND) in addition to Mark Crosley and David Roche, and asked about their participation with grants to help fund this study; and requested Mr. Fletcher speak about that.  He stated in 2003, FIND initiated a study and part of its study was the economic impact of the waterways; but it spoke specifically about the intercoastal waterway; this issue expands that study; but in its analysis of the intercoastal waterway in Brevard County, $754 million in business volume, $261 million in personal income, and 7,382 jobs were identified.  He stated that was FIND’s analysis in 2003; and this analysis will expand that so they would have a larger database.

  

Agriculture and Extension Services Director Jim Fletcher advised he spoke to Mark Crosley with FIND and explained what they were looking for and tried to look at its grant cycles; he also talked to FWC to look at its grant cycles; and its grant cycles are a little off.  He stated a lot of them start in January and are awarded in April; and he talked to FIND specifically about the economic component because it is critical to look at what the economic benefit is to Brevard County based on what is happening with boaters, where they are coming from, if they are coming from outside the County, how much money are they spending in the County, and what is their economic impact.  He stated that is something that FIND’s specificity in its document that was done a couple of years ago does not have.  He stated FIND has indicated it is interested in that data depending on how it is framed and presented to them; so they could make a presentation to FIND in hopes that it would fund part of the economic study.

 

Chairman Pritchard inquired if the process will take approximately one year; with Dr. Charles Sidman responding it depends on how they move forward; the total study, if all four elements are adopted, would take about two years; to do the boating analysis and economic impact, they determined it would take about a year; but that is only one component of the project. 

 

Dr. Swett stated in Charlotte County that was funded in part by the Florida Boating Improvement Program; he queried Major Jim Brown who heads up the Boating and Waterway Section, which handles that; and its grant cycles are a little off as was stated.  He stated he queried when the next one would be; it would start next year; for those that get chosen, the funds would likely be available in December; so they would likely be able to start in January 2006; and there is an opportunity to perhaps apply for those funds from the Florida Boating Improvement Program for some of the later elements.  He noted there are some liaisons made between FIND and the Boating Program up there and perhaps discretionary funds might come out as well if staff can put together a package. 

 

Chairman Pritchard stated in speaking with Commissioner Kennedy of the Port Authority, it is interested in participating; they have not approached the municipalities or the private sector yet; and all they have done at this point is try to come up with a plan.  He stated the plan includes the costs; and now they are trying to delineate who they can get to contribute to it; he spoke to Jerry Sansom, Brevard County Commissioner to FIND; he is very interested in pursuing this; and the other Commissioners he spoke to were also interested.    He stated David Roche and  Mark Crosley are interested; and what he wanted to do was bring it to the Board’s attention, but ironically he found out Commissioner Voltz had put together a summit workshop on July 29; so they are both working towards the same goal unbeknownst to each camp.  He stated he was bringing to the Board the awareness of what they are doing and the potential for a cost to the County of x amount; they do not know what it is because they do not know what the participation is going to be; but they all realize if they do not have a reliable data source, they do not have a good plan.  He thanked Doctors Swett and Sidman for coming; stated he appreciated the presentation; and thanked those who helped in the formulation of it.

 

 

 

Commissioner Voltz read aloud a resolution proclaiming July 2005 as Recreation and Parks Month in Brevard County.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming July 2005 as Recreation and Parks Month in Brevard County, and encouraging all citizens to take advantage of the quality public recreation and park services provided by Brevard County Parks and Recreation Department.  Motion carried and ordered unanimously.  (See page                          for Resolution No. 05-157.)

 

 

Commissioner Voltz presented the Resolution to Jerry Jagrowski, Chairman of the Suntree/Viera Parks Committee.  Commissioner Carlson stated Mr. Jagrowski has been her appointee for a very long time on Parks Committees and Planning and Zoning; so she wants to say thank you to Mr. Jagrowski.

 

Mr. Jagrowski stated on behalf of the staff and hundreds of volunteers, he would like to accept the Resolution; it is because of their combined efforts they are one of the groups in the State that is the envy of other parks programs.

 

 

 

Chairman Pritchard stated he sent County Manager Peggy Busacca an email regarding the potential of creating a park on South Banana River Drive; the parcel is owned by the Water and Sewer Department; the neighbors approached him and asked that the County develop it as a passive park; and they are looking into what the cost would be.  He stated he initially brought it up for sale to put it on the tax roll, but the community asked that the County not do that; so he is bringing it to the Board’s attention that they are not going to do that and are in the development stage of creating Banana River Park.

 

 

 

County Manager Peggy Busacca advised the Budget Office worked very hard to put together the budget, and she appreciates their personal efforts; no matter how early she comes to work she cannot beat the Budget Office; and no matter how late she goes home, there is always a budget staff member there who waves as she is leaving; so they are a very impressive group.  She stated the Government Finance Officers Association (GFOA) is a nonprofit professional association serving 14,000 government finance professionals throughout North America; the Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting; and this year Brevard County has received the Distinguished Budget Presentation Award, and for the first time the special recognition for performance measures.  She stated in 2004, only four counties in the United States and Canada were recognized for their performance measures, so it is a very big deal; and she appreciates that they make a very difficult process as painless as humanly possible.  She requested Budget Director Dennis Rogero introduce his staff so the Board can recognize them individually. 

 

Director Dennis Rogero introduce Stacey Claridge, Pam Wallace, Juanita Davis, Sean Meshberger, Elizabeth Swanke, and Jim Earnest; and thanked the Board for recognizing the achievements of the Budget Office and all the agencies and Charter officers.  He stated the budget document, even though they publish it, is not made in a vacuum; they could not do it without the wonderful assistance and expertise of literally everybody in the organization; and he would be remiss if he did not thank Assistant County Manager for Management Services Stockton Whitten and County Manager Peggy Busacca who have been a tremendous help in the last couple of months.  He stated the agencies made a concerted effort over the last couple of years in improving and perfecting their performance measures; and the special recognition has proven that it was very successful.  He stated Brevard County has set the bar for others to follow in terms of performance measures; and again thanked his staff, noting all he has to do is stay out of their way and let them make him look good.

 

Chairman Pritchard presented the award to the Budget Office; and thanked Mr. Whitten for all he does.

 

 

 

Chairman Pritchard advised Mike Snyder will make a PowerPoint presentation on the Orlando-Orange County Expressway Authority’s current status, plans for the future, challenges, and benefits and impacts to Brevard County. 

 

Commissioner Scarborough stated many people did not recognize Mr. Snyder’s accomplishments before Myregion; at a lot of regional discussions he talked about MPO’s working together; he is one of the visionaries in Central Florida as to how they need to look at roads not ending at county lines; and he has always been a friend of Brevard County, so it is good to have him here.

 

Mike Snyder, Executive Director of Orlando-Orange County Expressway Authority, advised it has been over a year since he left Department of Transportation and moved to the Expressway Authority; this is the first time he has addressed the full Board; he has been to MPO meetings many times; but this is the first Board of County Commissioners meeting and it is really nice.  He stated he has enjoyed his change over to the Expressway Authority and wants to thank the Board for giving him this opportunity to come and talk to it today about who they are and what they are doing.  He stated Dawn Henri joins him in the presentations because when he came up with computers, they were giant machines on big desks; and since they moved to laptops, he has not moved with it.  He stated the Authority was created in 1963 by the Department of Legislature; its purpose is to construct limited access toll roads throughout Central Florida; but today they are currently only within Orange County.  He thanked the Board and Bob Kamm for coming to their workshop about two weeks ago to talk about some opportunities and support of projects that would potentially extend outside of Brevard County into Osceola County.  Mr. Snyder advised they are overseen by a five-member board, three appointed by the Governor; it is a lean privatized organization with only 43 employees; but there are other folks who work for the Authority under contract to build the roads, maintain the roads, collect the tolls, and do other important components of the service they provide to the community.  Mr. Snyder advised Allen Keen, Orlando Evora, and Arthur Lee were appointed by the Governor; Messrs. Keen and Evora were reappointed in December to another four-year term each; Allen Keen is a real estate developer in Central Florida and was chosen by the Authority to be the Chairman for the next couple of years; and Arthur Lee is up for reappointment this year.  He stated they are hopeful the Governor will reappoint Mr. Lee to another four-year term.  He stated George Gilhooley is his replacement as District V Secretary; Mr. Gilhooley used to work for him in District V and now he works for Mr. Gilhooley who is on the board; and Mayor Crotty is the fifth member, ex-officio voting member of the Board.  He stated their mission is simple and involves only toll highways; they are fiscally sound; and they have been and will continue to be environmentally sensitive in everything they do; and they serve the economic centers of Central Florida .  He stated they cooperate with all jurisdictions around the area; May 2004 they celebrated their tenth anniversary of the E-Pass system; it was developed in 1994 as a gateless system; and they have over 470,000 active transponders in use along their system.  He stated their goal is to get more electronic toll collections; it is an easier system to utilize from the standpoint of the customer because they speed through and pay the toll very rapidly so they never slow down.  He stated during peak hours over 70% of the people who use the system use E-Pass, Sun Pass or some other system; and during the day, over 60% of the people who use the system use it by way of electronics.  He stated about three to four months ago they opened up parking garages at the Orlando International Airport at the A and B side terminals; people now have the ability, if they have an E-Pass, O-Pass, LeePass, or any other passes that operate in Florida, to drive in through a dedicated lane at either of the parking garages; but more importantly, they have the opportunity to drive out of a dedicated lane.  He stated some of the statistics they have gotten from the Airport state over 26% of the total revenue on a daily basis is utilization of the E-Pass system as the payment option.  Mr. Snyder stated if a driver is not using an E-Pass and is the first car in line, it will take about 30 to 40 seconds to process the transaction; generally most people are not the driver of the first car in line and are either fourth, fifth, or sixth and the time adds up; but if they go through the E-Pass system, it takes 3 to 4 seconds.  He stated everybody says time is money; they can save a lot of time but not a lot of money by utilizing the E-Pass system at the Airport; and they are currently talking to Sanford Airport folks and UCF as they build their new parking garage for their new stadium and some of the other surface lots about E-Pass as a payment option to utilize their facilities.  He stated a lot of people think they are an Orange County system, which they are not; looking at account holders on the E-Pass system, which is the easiest way for them to look at things because they have a handle on who they are, only 47% live in Orange County; the remainder live outside of the County and a lot of them live in Brevard County and utilize the Beachline to get across town every day; so they operate a regional system and continue to expand and talk about regional transportation issues.  He showed a picture of the system; stated the first project was the Beeline, now Beachline, built in 1967; and they continue to expand it.  He stated the economic engine is the East/West Expressway built in 1973 and expanded beyond that point; they are expanding it today; they have a very mature system fiscally sound system; and they continue to expand it as they grow.  He stated in FY 2004, they took in over $174 million in gross toll revenues and over $255 million in individual toll transactions; this year they will do almost $190 million in toll revenues and over $300 million in individual toll transactions; they are funded directly by user fees from the tolls; they are not a burden on any county taxpayer; and the money collected stays in Central Florida to expand the system.  Mr. Snyder explained a slide of what the system looks like, and the growth of every component of the system over the last ten years; and stated the Beachline has grown from 1974 revenues of $17.5 million to $34.2 million in 2004, so every year the system has grown and continues to grow because of the economic growth and development that is occurring in Central Florida.  He stated a lot of people, when they went to New York, said they were a tourism-based system; therefore, when they went to the rating agencies, they were not sure the ratings should be where they were and maybe they needed to lower the ratings because they were concerned about tourism and saw what happened after the terrorist attacks in 2001 and the hurricanes last year as far as tourism was concerned.  He stated they went back and developed this presentation; and in December they went back to New York to show them that they were not a tourism-based system and were actually a commuter-based system.  He stated the easiest way to show them that was to show that every fiscal year their system has grown by year and by month; something has occurred every year in September; unfortunately in 2001 they had the terrorist attacks and knew the impact on tourism in Central Florida from that for a substantial time; and after the hurricanes last year, they were shut down and went toll free for about 15 days.  He stated in October of every fiscal year, particularly 2001 and last year, they were above the numbers of the previous years, which clearly showed tourists were not here, and people who live here every day were here and went to work; so they were able to go to New York and show the folks in the rating agencies that they were a commuter-based system, fiscally sound, and dependable, and in fact received a rating upgrade from one of the three agencies.  Mr. Snyder stated a lot of people say the system is too expensive; they took a look at how they compare to other similar organizations around the country and in Florida; the East/West Expressway is about 10 cents a mile, which is about the middle; ten years ago they were near the top; a lot of folks raised their tolls, but OOCEA maintained its tolls; so they are about the middle to the bottom third for similar type toll roads around the country.  Mr. Snyder stated their five-year work program was approved by the Authority Board five or six months ago; it is the largest in the history of the organization at about $1.2 billion; and it equates to about 50,000 new jobs in the community over that period of time.  He showed a breakdown of the money they earn that is put back in the system; and stated the $417 million is for expansion of the East/West Expressway because the growth in Orlando and the area has been tremendous, so they had to reconstruct and widen that road; and it is underway today.  He stated the biggest expansion project is the Maitland Boulevard Extension in Apopka at $400 million and the

Wekiva Parkway

, which is the completion of the beltway around Orlando .  He stated  there are projects for conversion of all their ramp and mainland plazas; they have converted the Greenway, University, and Curry Ford to express so if they have the E-Pass or Sun Pass, they can stay in the high-speed travel land and never slow down to pay the toll; and on the 408 it is not simply building a wider road for capacity improvements, it is also about giving back to the community.  Mr. Snyder stated one thing that has been important to the organization for a long time is the landscaping and aesthetic treatments that they do; the slide gives a pictorial of the road when it is finished; it is going to have a lot of terrace landscaping, noise walls, and architectural treatments around the bridges and so forth because it is not just a road going through the middle of the City of Orlando, there are communities with people living along that highway; and they need to give back to them.  Mr. Snyder stated they are providing landscaping through the coloring and texture of the improvements they are doing out there; and they are also contributing to some parks in the community for the neighbors to use.  He stated there were two projects on the western side of Maitland Boulevard Extension that they could never fund; it was low on the metro plan’s priority list and was a $400 million project they could never get to; the Expressway Authority, about a year and a half ago, said it looks good as a toll road and it would pick it up; and it will be under construction by this time next year and will be open to revenue service by the end of 2008, completing improvements around Apopka and a partial link of the western beltway.  He stated for ten years nobody would talk about the western beltway and the completion of the beltway; task forces were established several years ago by the Governor, met for many months, and ultimately reduced that to legislation, which is now underway with the  PD&E study; they look favorable to building it as a toll road up to SR 46 in Lake County; and Department of Transportation will build the remainder of it over to I-4 coming through Seminole County.  He stated as they move through the PD&E, they will move into design, right-of-way, and construction; and it will take seven or eight years before the beltway is finally completed around Orlando .  Mr. Snyder stated what is important to Brevard County is how they move through the Beachline and how they get to Orlando International Airport; they just advertised for a design-build project for which they received some additional State funding for strategic intermodal system improvements at the interchange of the Beachline and SR 436; and that will be under construction by the end of this  calendar year.  He stated an important component is the interchange between the Turnpike and the Greenway; they are working with Department of Transportation and have partially funded it to the Turnpike; and they are trying to finish out that funding through the CIS Program with Department of Transportation to get that interchange built.  He stated Congressmen Richard Power and Tom Feeney earmarked $8 million towards construction of an interchange at the southern connection to the Airport, Boggy Creek Road;  they have about $5 million programmed for the design; they will get that underway shortly; and they hope to move towards improvements of the interchange of Boggy Creek and the Greenway to open the southern connection to the Airport.  He stated something that is important is the reconstruction of the main line toll plaza; right now, if people leave the Airport and go west, they hit two toll plazas, the OOCEA’s and the Turnpike’s; it does not make a lot of sense; plus the one that is close to the Airport creates some operational problems if they are coming from the attractions and heading to the Airport; and if they are using the E-Pass and want to go to the Airport, they have to go through the far left lane and very quickly get to the right, which creates a lot of operational problems for the Authority.  He stated they worked with the Turnpike people and their board has approved it; they are going to remove that plaza and collect tolls at the Turnpike plaza about a mile and a half to the west, so there will only be one plaza and the same toll.  He stated it will be an express plaza similar to what they have been doing.  Mr. Snyder stated on the eastern side there is a toll inequity; they are paying a higher cost than 10 cents per mile; the board has authorized them to modify and build a second toll plaza somewhere around Dallas Boulevard in the vicinity of the Beachline; and the ultimate toll as they come from the airport to I-95 will remain the same, but if they are running shorter sections in the Orlando area instead of having to pay $1.25, it will be 50 cents to get back to the

value it is supposed to be.  Mr. Snyder stated Bob Kamm came to their workshop to talk about opportunities outside of Orange County; as Commissioner Scarborough mentioned, it is not about one county, it is about the region, what is happening in the region, and the interaction between the economic vitality in the region from the Space Coast to Orlando to Mt. Dora, and so forth; a lot of people move back and forth because of work and pleasure; and they need to recognize that there are a lot of opportunities and transportation needs.  He stated not every road needs to be nor should be a toll road; if they never build another toll road and the Department of Transportation had the money to build everything as free highways, that would be great; but coming from Department of Transportation, he knows that is not reality; so they serve a purpose under the right circumstances.  He stated if a transportation opportunity presents itself and they can be a partner to that, it is something they are going to do.  He advised up north they have a system called “easy pass”; Florida has E-Pass and Sun Pass, but they do not talk to each other; if they take the transponder to New York City and go into Boston through one of their toll facilities, the E-Pass will not work and would violate their system; and the same thing happens when visitors come here.  He stated any person can take a Visa, Mastercard, or American Express Card and go anywhere in the world and use it, but they cannot do that with transponders; they need to work to make it all one system and that is occurring right now.  He stated hopefully over the next several years it will become just one system around the country.  He thanked the Board for the opportunity to come before it and talk about some of the things they are doing; and stated if there are any questions, he would be happy to address them.

 

Commissioner Carlson thanked Mr. Snyder for his service with Department of Transportation; and stated it has been a pleasure working with him over the years.  She inquired what the OOCEA is doing to try and bring the light rail to the forefront, how does the Authority see itself involved in that, and is it a partner in that process.  Mr. Snyder stated the Authority ultimately will be a partner; they were asked to take a look at allowing the use of their right-of-way for the high-speed rail; and they were in the process of looking at that when the high-speed rail went away.  He stated there was a lot of discussion about the need to get a rail to the Port; they own the right-of-way for the Beachline and there is some space out there; they do not need all that space for the numbers of lanes even though they know the Beachline has to be expanded in the future; but there is room for a rail transit.  He stated as the community continues to grow, they will talk about becoming a partner in those conversations. 

 

Chairman Pritchard thanked Mr. Snyder for all his work with Department of Transportation, all the time and effort he made to come to various meetings, and what he did to accomplish the goals the Board set out.  He stated he recently used the parking convenience at Orlando Airport and thought it was great; recently on his excursion, he and his wife cruised Florida ; and they used every other aspect of the E-Pass also.  Mr. Snyder stated he appreciates that.  Chairman Pritchard stated he has had an E-Pass since it started; it has gone through transformations to the little transponder they have today; and inquired if Mr. Snyder could explain how it works and how people can set aside x amount on a credit card that then builds up to a set volume.  Mr. Snyder stated the easiest way is to open an account; they do not care if it is E-Pass or Sun Pass or O-Pass, etc.; they open an account with their credit card; right now there is a charge of $25 for  transponders, but they are trying to work on that to lower or eliminate that charge; and the idea is to set up an account and establish how much money they want in that account based on how often they utilize the facilities.  Mr. Snyder stated he has $50 in his account; every time it gets down to a certain level, it is automatically increased by $50 to whatever the new number needs to be; so when he goes to the Airport or through one of the facilities, he does not have to worry about having money in an account; and every month they go into his Visa and charge him the amount that they had to increase his standing account.  He stated it is simple to use and quite accurate; a television station questioned their accuracy, so they had an independent audit done about six to seven months ago; and the accuracy was 99.993%, which is pretty close to perfect.  Chairman Pritchard stated it is a good and kind system; he had the battery go dead and blew through an intersection; the red light flashed; and when he hit the next intersection he tried to pay for the one he went through but they could not accept retro.  He stated he got a nice letter saying your battery is low and he thought it was nice instead of fines and jail time or whatever else; so it is a good system and everyone should be part of it as it saves a lot of time.

 

 

RESOLUTION, RE:  SUPPORTING HOUSE RESOLUTION 340 AND PRIVATE

 

     PROPERTY RIGHTS PROTECTION ACT                                                                   

 

Chairman Pritchard read aloud the Resolution supporting U.S. House Resolution 340 and the proposed private property rights protection act.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution supporting U.S. House Resolution 340 and proposed federal legislation entitled “The Private Property Rights Protection Act,” and urging the State of Florida to enact similar legislation during its 2006 legislative session.  Motion carried and ordered unanimously.  (See page

for Resolution No. 05-158.)

 

 

Chairman Pritchard presented the Resolution to J. B. Kump, Administrative Aide to Congressman Weldon, and requested Mr. Kump express appreciation to the Congressman for his work.

 

 

PRESENTATION BY GLENN SANGIOVANNI, RE:  ORLANDO UTILITIES COMMISSION

 

 

Glenn Sangiovanni advised his other hat is Mayor of St. Cloud, but he is here to explain the Orlando Utilities Commission (OUC) and why it is in Brevard County .  He stated it is an extension of government, owned by the City of Orlando, and has a charter through the State; the charter provided just for electric service 81 years ago; it has branched off into different paths and not only provides electric service, but some very quality decorative lighting for developments, shopping plazas, etc. as well as chilled water for a number of different entities such as Reunion, Orange County Convention Center, large hotels, and other commercial businesses.   He stated because of their charter, they are restricted as to where they can go with the lighting and chilled water business; and in order to offer services to developers who are working with OUC in Orange and Osceola Counties , they have to go before the governing agency, such as this Board, for approval.  He stated he was in Lake Mary last week and got approval; they have an Interlocal Agreement to offer that developer lighting or chilled water; and it does not mean they would be changing electric providers because by Florida Statutes that stays with whoever the provider is in the area.  Mr. Sangiovanni stated all it means is they look through a catalog, and if they like a fixture over another fixture, they can select it and purchase it from OUC just like they can from a private sector.  He stated when he met with Chairman Pritchard and Commissioner Colon, they said they did not get into the street lighting business, so the question never comes up; that is true, and they do not in his City either; so basically it has been a non-issue because most of the large providers have it as an extension of what they do on the electric side.  He stated OUC has decided to branch out and make that an important part of its business; it is expanding the decorative lighting and chilled water as well; and a lot of their developers that span counties, like Pulte, are interested in their products.  He stated they are working in Lake County with Pulte as well as in Brevard County; he sent the County Manager a sample of an interlocal agreement they have had for a while with Osceola County; they are also using it with Lake Mary; they have developers who would like to use the service they offer; and requested the Board give direction to the County Attorney to review the interlocal agreement, and if desired, to bring it back to the Board at its next meeting to consider executing the interlocal agreement.  He stated it is a non-issue for most government agencies, but because of their charter, they are restricted from doing it.  He stated he will answer any questions the Board may have.

 

Chairman Pritchard stated he does not see any negative side to it; and inquired when can it come back; with County Manager Peggy Busacca responding the earliest would be July 26 to  give the Attorneys an opportunity to review it; but they will notify Mr. Sangiovanni.

 

Commissioner Carlson stated she wants to compliment the Mayor for what he has done in terms of the Internet in his community; and inquired if he could say a few words, knowing it is an internet hub and a very small city that has done so much.  She stated it has e-government and a lot of things that are Internet-provided.

 

Mr. Sangiovanni advised they just approved moving the whole City to be totally wireless; they had a pilot program where they offered the service in the downtown area of about 12 square blocks along the lakefront as well; and they looked at it as an opportunity to close the digital divide.  He stated they found out through surveys that a lot of their residents use the Internet, and a lot of them use the high-speed Internet, but some of them could not afford it; and their school system had a wonderful program where it lent students from under-privileged homes that did not have the finances to afford a computer and were not given the same opportunities as other children, laptops to take home to do their school projects; however, the problem was they did not have the connections at home.  He stated they are partnering with the School Board; there are many benefits of going wireless; but it was their board that decided they would offer it as a free service to the community.  He stated there is a lot of legislation this year that they had to fight long and hard to make sure they could do it; they look at it as an economic driver; they found out $4 million was leaving little St. Cloud and going elsewhere through Internet fees; and people were spending $45 to $50 a month, which averaged $450 a year for Internet access.  Mr. Sangiovanni stated they are going to take that $450 and put it back into their local economy by providing the service as a utility service to their customers; and the way they fund it is by an economic development fund that they pulled $2.6 million from.  He stated the operating cost was $350,000; and when they did the survey through staff, they determined they were going to save six to eight FTE staff over the next three years because they are growing from 28,000 to 74,000 and are not going to hire those folks, which would more than pay for the operation cost plus they are going after grants that may be available.  He stated they are excited about it; they are the only city in the country that he knows of that is providing it for free; and it is nice when an elected official can put money back into the pockets of constituents and not take it away.  He stated in St. Cloud , the average ad valorem tax people pay is about $300 a year that goes to the City; this project will put $450 back into their pockets; so they are happy about that.

 

Commissioner Carlson stated for a bigger area like Brevard County it would be harder to be cost effective, but to plan as the City of St. Cloud planned it is tremendous.  She noted it is very impressive and worth looking into in the future.  Mr. Sangiovanni stated as the City grows and new developments come in, it is going to be built into their land development code that they would pay to mesh into the network; and that is how they will pay for the growth.

 

Chairman Pritchard stated his knowledge of wireless is limited, but the book he is reading said that in order to access a wireless café, the person has to be within 200 feet of that café and whatever is there generating the wireless capability; so he would be interested in how they were able to set up whatever type of antennas are required so that homeowners can access the Internet.  Mr. Sangiovanni stated they worked with HP and a company called Trobost throughout the country; they are working  with the City of Philadelphia right now; and there are transmitters, one of which is on top of City Hall, that covers a two-mile area.  He stated he forgot the number they have to have to blanket the whole community, but they are putting the antennas on OUC utility poles and it covers the whole area like a mesh network.  Chairman Pritchard stated there must have been significant opposition from private providers; with Mr. Sangiovanni responding their answer to them was how cities got into the electric business; and if they want to come in and provide it for nothing, the city would be glad to let them do it, but they walk away.

 

Commissioner Colon stated she knows it is a busy meeting, but the timing is perfect because there are a lot of elected officials here; when she met with Mayor Sangiovanni, one thing she mentioned to him was Brevard County was growing so fast with a lot of development; and she wanted him to meet with the City Manager of Palm Bay and a lot of those folks here, who hopefully will give him their cards so he can meet with them because some of the things they talked about were the large developments and to be able to have the ability to do what they did.

 

Mr. Sangiovanni stated like many cities, St. Cloud is on a shoestring budget and trying to figure out how it could not raise taxes; nobody wanted to be the only council that would raise taxes that had not been raised for 23 years; so they decided to get into the economic development business.  He stated they had to better the community, bring in better-paying jobs, and build the corporate tax base, which was not happening; so they decided to do a partnership with OUC.  He stated they had $8 million in economic development funds that they put up as credit; developers were coming in; it was being developed in the county then annexed into the City; and they were not getting the true picture and were not given the ability to paint a true picture of St. Cloud that they had the vision for.  He stated they felt the only way to truly control growth was to own the property, so they bought 600 acres and were the master developers of that community; and the City wanted to build a corporate park in there.  He stated it helped the City get a turnpike interchange; it is opening next year; and it gave them $24 million in transportation fees, 800 residential homes, and executive housing.  He stated if they are going to have people relocating their businesses to the corporate park, they have to have housing for them, so they closed that niche as well.  Mr. Sangiovanni stated it will have a $190 million impact to their community over the next 20 years; and the end result was they used zero tax dollars to do it.  He stated it was one of the best days he had as a city council member, sitting there and buying property for $8 million, selling it off to developers for $6 million, and at future meetings selling a piece here and a piece there and still owning a piece they are getting ready to sell and get out of it totally.  He stated they raised the bar for development in St. Cloud ; they also got transportation improvements quickly; and they are building the corporate park as he speaks.   He stated they hope to bring in 1,000 jobs at $40,000 each, as the median income in Osceola County is only $26,000.

 

Chairman Pritchard stated Brevard County has formed a committee with the County, School Board, and League of Cities to deal with managing growth; and that committee may want to speak with Mr. Sangiovanni.  Mr. Sangiovanni stated anytime they need him he will be here.  Chairman Pritchard stated the Board may be very interested in knowing more about the wireless capability, providing the free service, and the concept of how the City managed the growth of St. Cloud ; so it may initiate a meeting with County staff and the Mayor to come up with a plan.  He stated he does not mind piggybacking good ideas; and Mayor Sangiovanni has a good idea.

 

 

AMENDMENT NO. 1 TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL

 

     PROTECTION, RE:  POST-HURRICANE EMERGENCY DUNE STABILIZATION

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment No. 1 to Agreement with Department of Environmental Protection for post-hurricane emergency dune stabilization.  Motion carried and ordered unanimously.  (See page

                        for Amendment No. 1.)

 

 

CONTRACT AMENDMENT NO. 3 WITH DEPARTMENT OF ENVIRONMENTAL

 

     PROTECTION, RE:  PETROLEUM CLEAN-UP (SUPER ACT)                                  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract Amendment No. 3 with Department of Environmental Protection for the 2001-05 Petroleum Clean-up (SUPER Act).  Motion carried and ordered unanimously.  (See page

for Amendment No. 3.)

 

 

PUBLIC INTEREST DETERMINATION REVIEW, RE:  MAINTENANCE DREDGING

 

     PERMIT FOR INLET TO SUN HARBOR MARINA                                                        

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve public interest determination review of maintenance dredging permit for dredging of approximately 33 cubic yards of accumulated silt and soil at the inlet to Sun Harbor Marina in Melbourne .  Motion carried and ordered unanimously.

 

 

UNPAVED ROAD AGREEMENT WITH KIMBERLY A. REED, RE: 

DAVIS ROAD

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Kimberly A. Reed for construction of a road in an existing right-of-way known as

Davis Road

, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously.  (See page

for Agreement.)

 

 

REQUEST OF JOHNNY AND SUSAN ROBINSON, RE:  WAIVER OF SECTION

 

     62-102, EASEMENT REQUIREMENTS                                                            

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the five-acre minimum requirement of Section 62-102, Code of Ordinances, to allow two lots to utilize the same access strip, and authorize an easement over a flag stem for two parcels as requested by Johnny and Susan Robinson.  Motion carried and ordered unanimously.

 

 

REQUEST OF GEN DEVELOPMENT, INC., RE:  WAIVER OF BUFFER REQUIREMENT

 

     FOR HAMLIN GROVE SUBDIVISION                                                                           

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive 15-foot buffer tract on the east side of Hamlin Grove Subdivision along the Hickory Circle right-of-way, to allow access for the single-family home lots abutting Hickory Circle onto the right-of-way, a portion of which is outside the plat boundary, and authorize installation of a wall in the buffer  tract as requested by Gen Development, Inc.  Motion carried and ordered unanimously.

 

 

 

EXTENSION OF SITE PLAN, RE:  WEST POINT PLAZA

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant a third six-month extension from July 6, 2005 to January 6, 2006 for West Point Plaza Site Plan SP #01-02-002, to allow the applicant, Laschober Construction, to continue mitigation with St. Johns River Water Management District and the Army Corps of Engineers.  Motion carried and ordered unanimously.

 

 

EXTENSION OF SITE PLAN, RE:  PORT ST. JOHN MINI-WAREHOUSE

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant a six-month extension for Port St. John Mini-warehouse Site Plan SP #04-04-005 from July 27, 2005 to January 27, 2006 as requested by Lowell Enlow.  Motion carried and ordered unanimously.

 

 

EXTENSION AGREEMENT WITH INDIAN RIVER NO. 1 DEVELOPERS, LLC,

 

     RE: 

AQUARINA BOULEVARD

                                                                           

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Extension Agreement with Indian River No. 1 Developers, LLC guaranteeing infrastructure improvements to

Aquarina Boulevard

extending the agreement for an additional year to July 15, 2006.   Motion carried and ordered unanimously.  (See page                        for Agreement.)

 

 

UNPAVED ROAD AGREEMENT WITH TERRI L. MILTON, RE: 

MILTON ROAD

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Terri L. Milton for construction of a road in an existing right-of-way known as

Milton Road

, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously.  (See page

for Agreement.)

 

 

UNPAVED ROAD AGREEMENT WITH KYLE WALTERS, RE: 

LAKESIDE LANE

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Kyle Walters for construction of a road in an existing right-of-way known as

Lakeside Lane

, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously.  (See page

for Agreement.)

 

 

REQUEST OF MIKE DAHME, RE:  WAIVER OF EASEMENT REQUIREMENTS

 

The request of Mike Dahme for waiver of easement requirements was tabled to July 26, 2005 earlier in the meeting. 

 

REQUEST OF DENISE YONN, RE:  WAIVER OF UNPAVED ROAD DISTANCE

 

     REQUIREMENT

FOR NUGGET ROAD

                                                            

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive provisions of Section 62-102, Code of Ordinances, to allow the maximum length of an unpaved road known as

Nugget Road

to be constructed a distance of 2,000 feet as requested by Denise Yonn.  Motion carried and ordered unanimously.

 

 

RESOLUTION, RE:  RELEASING CONTRACT WITH THE VIERA COMPANY FOR

 

     RAVENCLIFFE SUBDIVISION, PHASE II                                                          

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract dated November 9, 2004 with The Viera Company for improvements in Ravencliffe Subdivision, Phase II, as the developer has completed all improvements.  Motion carried and ordered unanimously.  (See page                           for Resolution No. 05-159.)

 

 

CONTRACT WITH THE VIERA COMPANY, RE:  IMPROVEMENTS IN COLFAX

 

     LANDING, PHASE 2                                                                                            

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Colfax Landing, Phase 2.  Motion carried and ordered unanimously.  (See page                          for Contract.)

 

 

CONTRACT MODIFICATION AGREEMENT WITH THE VIERA COMPANY, RE:

 

     STADIUM PARKWAY, PHASE 2                                                                        

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract Modification Agreement with The Viera Company extending the contract date to June 22, 2006 and reducing the construction amount per the engineer’s estimate for

Stadium Parkway

, Phase 2.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

FINAL PLAT APPROVAL AND TRI-PARTY ESCROW AGREEMENT WITH CAPRON

 

     RIDGE, LLC AND COLONIAL BANK, RE:  IMPROVEMENTS IN CAPRON RIDGE,

 

     PHASE V                                                                                                                          

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Capron Ridge, Phase V, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Tri-party Agreement with Capron Ridge, LLC and Colonial Bank, guaranteeing infrastructure improvements in the Subdivision.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

 

APPEAL OF DOUG HAMANT, RE:  WAIVER OF SECTION 62-3206, PARKING

 

     REQUIREMENTS FOR EAST COAST TRUCK ACCESSORIES                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve appeal of Doug Hamant and waive Section 62-3206, Parking Requirements, to allow 21 parking spaces instead of 38 spaces for East Coast Truck Accessories business.  Motion carried and ordered unanimously.

 

 

REQUEST OF MARK CIARFELLA, RE:  WAIVER OF TIME LIMITATION FOR SITE PLAN

 

     EXPIRATION AND APPROVE EXTENSION FOR SUNTREE AUTO SPA                 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive time limitation provisions in Section 62-3205, Code of Ordinances, and extend time limit for review and approval of the site plan for Suntree Auto Spa until February 5, 2006, as requested by Mark Ciarfella.  Motion carried and ordered unanimously.

 

 

REQUEST OF CARROLL DISTRIBUTING COMPANY, RE:  WAIVER OF BUFFER WALL

 

     REQUIREMENT FOR CARROLL DISTRIBUTION FACILITY                                    

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive buffer wall requirement in Section 62-3204, Code of Ordinances, to allow a 25-foot wide landscape buffer with a six-foot high chain link fence along the south side, and a six-foot high chain link fence approximately 125 feet east of the west property line of Carroll Distribution Facility, as requested by Carroll Distributing Company.  Motion carried and ordered unanimously.

 

 

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, AND WAIVER OF

 

     BUFFER TRACT, RE:  JASMINE ESTATES SUBDIVISION                                       

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Jasmine Estates Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits; and waive 15-foot buffer tract on the west side of the Subdivision because there is an existing improved 15-foot historical drainage easement.  Motion carried and ordered unanimously.

 

 

REQUEST OF CAPRI CAPITAL CORPORATION, RE:  WAIVER OF BUFFER

 

     REQUIREMENT FOR BROOKFIELD VILLAGE RETIREMENT COMMUNITY

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive requirement of 15-foot vegetative buffer along the entire perimeter of Brookfield Village Retirement Community along Dike Road, as requested by Capri Capital Corporation, as developer will donate 30 feet of additional right-of-way along the frontage of their property for future improvements to Dike Road and proposes to construct a six to eight-foot high Subdivision wall around the entire perimeter of the development as a buffer and security for the retirement village.  Motion carried and ordered unanimously. 

 

 

JOINT PLANNING AGREEMENT WITH CITY OF TITUSVILLE , RE:  INTERGOVERNMENTAL

 

     COORDINATION FOR PENDING DEVELOPMENT ORDERS AND INFRASTRUCTURE

 

     RESPONSIBILITIES                                                                                                                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Joint Planning Agreement with the City of Titusville for intergovernmental coordination for pending development orders and infrastructure responsibilities, as amended by staff.  Motion carried and ordered unanimously.  (See page                           for Agreement.)

 

 

BINDING DEVELOPMENT PLAN AGREEMENT WITH MICHAEL CARL WADE AND

 

     TERRY LYNN WADE, RE:  PROPERTY ON EAST SIDE OF

BURGESS AVENUE

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Michael Carl Wade and Terry Lynn Wade regarding development of property located on the east side of Burgess Avenue, north of Camp Road.  Motion carried and ordered unanimously.  (See page                        for Agreement.)

 

 

BINDING DEVELOPMENT PLAN AGREEMENT WITH CARLOS L. SPRINGFIELD

 

     AND SANDRA J. SPRINGFIELD, RE:  PROPERTY ON THE SOUTH SIDE OF

 

    

CARTER ROAD, WEST

OF

HAMMOCK ROAD

                                                           

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Carlos L. Springfield and Sandra J. Springfield regarding development of property located on the south side of

Carter Road, west

of

Hammock Road

.  Motion carried and ordered unanimously.  (See page                             for Agreement.)

 

 

BINDING DEVELOPMENT PLAN AGREEMENT WITH AG VENTURES, LLC, RE:

 

     PROPERTY ON THE NORTH SIDE OF

JAY JAY ROAD, EAST

OF 1  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with AG Ventures, LLC regarding development of property located on the north side of

Jay Jay Road, east

of U.S. 1.  Motion carried and ordered unanimously.  (See page                               for Agreement.)

 

 

 

 

BINDING DEVELOPMENT PLAN AGREEMENT WITH KID CREEK ESTATE, LLC

 

     (f/k/a FEDD INVESTMENT), RE:  PROPERTY ON THE SOUTH SIDE OF

 

    

VALKARIA ROAD, WEST

OF 1                                                                              

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Kid Creek Estate, LLC (f/k/a Fedd Investment), regarding development of property located on the south side of

Valkaria Road, west

of U.S. 1.  Motion carried and ordered unanimously.  (See page                             for Agreement.)

 

 

ACCEPTANCE OF APPRAISALS AND DISBURSEMENT OF IMPACT FEE CREDITS,

 

     RE:  ELEMENTARY SCHOOL SITES DONATED BY THE VIERA COMPANY         

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept appraisals for Manatee and Quest Elementary School sites donated by The Viera Company; authorize staff to disburse the educational facilities impact fee credits to The Viera Company in accordance with the terms of the Educational Facilities Impact Fee Credit/Redemption Agreement dated September 28, 2004; and authorize the Budget Office to proceed with any budget changes necessary to implement the disbursement.  Motion carried and ordered unanimously.

 

 

BINDING DEVELOPMENT PLAN AGREEMENT WITH BETTY RANEW AND BARRY

 

     RANEW, RE:  PROPERTY ON THE SOUTH WEST CORNER OF

SHARON DRIVE

 

     AND

MINTON ROAD

                                                                                                      

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Betty Ranew and Barry Ranew regarding development of property located on the southwest corner of

Sharon Drive

and

Minton Road

.  Motion carried and ordered unanimously.  (See page                            for Agreement.)

 

 

USE AGREEMENT WITH TROPICAL TRAIL ESTATES HOMEOWNERS ASSOCIATION,

 

      RE:  LANDSCAPE IMPROVEMENTS WITHIN

OAK GROVE LANE

RIGHT-OF-WAY

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Use Agreement with Tropical Trail Estates Homeowners Association for landscape improvements within the right-of-way of

Oak Grove Lane

.  Motion carried and ordered unanimously.  (See page                              for Agreement.)

 

 

RATIFY EMERGENCY PURCHASE ORDER, RE:  CONSTRUCTION PROJECT AT

 

     MITCH ELLINGTON PARK                                                                                             

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to ratify approval of emergency Purchase Order No. 450032583 issued to Ringpower on May 5, 2005, for rental of two 18-yard articulated haul trucks for four months at a total cost of $64,700.  Motion carried and ordered unanimously.

 

AMENDMENT TO AGREEMENT WITH TOWNE REALTY, INC., RE:  WINSLOW

 

     BEACH RESERVE SUBDIVISION                                                                     

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Agreement with Towne Realty, Inc. for improvements in Winslow Beach Reserve Subdivision, as turtle nesting season has stopped all construction within the beach until September 30, 2005; therefore the northerly crossover cannot be constructed within the original timeframe set forth in the Agreement.  Motion carried and ordered unanimously.  (See page

                        for Amendment.)

 

 

APPROVAL TO ALLOCATE FUNDS, RE:  SOUTH TROPICAL TRAIL BRIDGE

 

     REPLACEMENT PROJECT                                                                               

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve allocation of $83,779 from the Constitutional Gas Tax Fund for South Tropical Trail Bridge Replacement Project.  Motion carried and ordered unanimously.

 

 

RESOLUTION, RE:  CANCELING TAXES ON PROPERTY PURCHASED FOR

 

     PUBLIC ROADWAYS                                                                                          

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution canceling 2004 taxes for property purchased for the Pineda Causeway Extension.  Motion carried and ordered unanimously.  (See page                            for Resolution No. 05-160.)

 

 

APPROVAL TO INSTALL TRAFFIC SIGNAL, RE: 

MURRELL ROAD

/OLD GLORY

 

     BOULEVARD                                                                                                       

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of a traffic signal at

Murrell Road

and

Old Glory Boulevard

as requested by the property owners of Indian River Colony Club.  Motion carried and ordered unanimously.

 

 

CERTIFY REVENUE PERCENTAGE ALLOCATIONS TO DEPARTMENT OF

 

     REVENUE, RE:  LOCAL OPTION GAS TAX                                                     

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to certify the revenue percentage allocations for the Local Option Gas Tax and direct County Finance to submit the allocations to the Department of Revenue.  Motion carried and ordered unanimously.  (See page                                for List of Allocations.)

 

PERMISSION TO CREATE NEW POSITION AND FILL IT, RE:  TRANSPORTATION

 

     PLANNER III                                                                                                                    

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize creation of a new Transportation Planner III position for Transportation Planning Office and authorize filling of the position.  Motion carried and ordered unanimously.

 

 

CHANGE ORDER NO. 4 TO AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS,

 

     INC., AND FINAL PAYMENT, RE:  MELBOURNE TRANSFER STATION                 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 4 to Agreement with Dooley & Mack Constructors, Inc. reducing the contract scope and amount by $820,971 for construction of Melbourne Transfer Station, and authorize final payment.  Motion carried and ordered unanimously.  (See page                        for Change Order No. 4.)

 

 

LEASE AGREEMENT WITH FLORIDA DIVISION OF PLANT INDUSTRY, RE: 

 

     OFFICE SPACE FOR PLANT INDUSTRY INSPECTORS                              

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Lease Agreement with Florida Division of Plant Industry to provide office space for inspectors at the Agriculture Center from July 14, 2004 through July 14, 2007.  Motion carried and ordered unanimously.  (See page                           for Lease Agreement.)

 

 

CONTRACT WITH COMMUNITY BASED CARE OF BREVARD, INC., RE:

 

     RESIDENTIAL SERVICES AT COUNTRY ACRES CHILDREN’S HOME

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Community Based Care of Brevard, Inc. for residential services provided at Country Acres Children’s Home.  Motion carried and ordered unanimously.  (See page                  for Contract.)

 

 

RESOLUTION, RE:   REVISING SCHEDULE OF FINES AND FEES FOR LIBRARY

 

     SERVICES                                                                                                                                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution revising the schedule of fines and fees for the Library Services Department.  Motion carried and ordered unanimously.  (See page                       for Resolution No. 05-161.)

 

 

 

AGREEMENT TO AMEND AND RENEW EXISTING AGREEMENT WITH LAST HOLE LLC,

 

    GEORGE BURY, RE:  CONCESSIONAIRE AT SPESSARD HOLLAND GOLF COURSE

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement to Amend and Renew Existing Agreement with Last Hole LLC, George Bury, to provide concession services at Spessard Holland Golf Course from July 15, 2005 through July 14, 2007.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE:  ELECTRIC FACILITIES

 

     AT COCOA WEST COMMUNITY CENTER                                                                  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Easement to Florida Power & Light Company to provide electrical service for the new athletic field at Cocoa West Community Center .  Motion carried and ordered unanimously.  (See page

for Easement.)

 

 

RESOLUTION, RE:  AUTHORIZING APPLICATIONS FOR HURRICANE SUPPLEMENTAL

 

     URBAN AND COMMUNITY FORESTRY GRANT                                                       

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing submittal of two 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant applications to Florida Department of Agriculture and Consumer Services for $165,000 tree planting grant for Viera Regional Park, Palm Bay Regional Park, Micco Park, Lee Wenner Park, POW/MIA Park, and Rotary Riverfront Park, and $10,000 grant for Viera Regional Park Volunteer Garden; and authorize Parks and Recreation Director and Natural Resources Management Director to execute standard grant Agreements and establish project budgets if the grants are awarded.  Motion carried and ordered unanimously.  (See page

for Resolution No. 05-162.)

 

 

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SPACE COAST ADVERTISING

 

     CONSORTIUM, INC., RE:  SCAT MARKETING SERVICES                                                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement to Extend Existing Contract with Space Coast Advertising Consortium, Inc. for SCAT marketing and advertising services retroactive to July 1, 2005 to September 30, 2005 to complete the new Request for Proposal process.  Motion carried and ordered unanimously.  (See page                                for Agreement.)

 

 

 

APPROVAL OF AGREEMENTS, RE:  SCAT FLORIDA MEDICAID PROVIDER NUMBER

 

     FOR MED-WAIVER TRANSPORTATION AND FAMILY AND SUPPORTED LIVING

 

     WAIVER PROGRAM                                                                                                        

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Florida Medicaid Re-enrollment application, Non-Institutional Medicaid Provider Agreements, New Location Code Request, and FDLA Criminal History Check and Fingerprinting Exemption Request to allow SCAT to provide Med-Waiver Transportation Services and Family and Supported Living Waiver Transportation; and authorize Finance to execute the Payment Method Agreements to allow electronic fund transfer payments.  Motion carried and ordered unanimously. 

 

 

RESOLUTION, APPLICATION, AND STANDARD ASSURANCES, RE:  TRIP AND

 

     EQUIPMENT GRANT AGREEMENT WITH FLORIDA COMMISSION FOR THE

 

     TRANSPORTATION DISADVANTAGED PROGRAM                                      

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing execution of grant application and standard assurances for submittal to Florida Commission for the Transportation Disadvantaged for $1,452,368 in CTD Trust Funds; and authorize the Chairman to sign the Grant Agreement and any Amendments or Addenda contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  (See pages                            for Resolution No. 05-163 and Agreement.)

 

 

RESOLUTION, GRANT APPLICATION, USE OF TOLL REVENUE CREDITS, AND

 

     EXECUTION OF GRANT AGREEMENT, RE:  FY 2006 SCAT CAPITAL AND

 

     OPERATING ASSISTANCE GRANTS FROM FEDERAL TRANSIT ADMINISTRATION

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing execution of grant application and standard assurances; authorize the use of FDOT Toll Revenue Credit for FY 2006 Urbanized Area Formula Program Public Transportation Capital and Operating Assistance Grant from the Federal Transit Administration in the amount of $4,639,834 for Space Coast Area Transit (SCAT); and authorize the Chairman to sign the Grant Agreement, and staff to submit the grant application electronically.  Motion carried and ordered unanimously.  (See pages                           for Resolution No. 05-164 and Agreement.)

 

 

AMENDMENT TO AGREEMENT WITH ALLIANCEONE RECEIVABLES MANAGEMENT,

 

     INC., RE:  SECONDARY PLACEMENT DEBT COLLECTION SERVICES               

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Agreement with AllianceOne Receivables Management, Inc. to extend the existing Contract for debt collection services-secondary placement for one year.  Motion carried and ordered unanimously.  (See page                       for Amendment.)

 

 

 

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT

 

     SELECTION AND NEGOTIATING COMMITTEES, RE:  INDEPENDENT

 

     FINANCIAL AUDIT SERVICES                                                                           

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a request for proposals for independent financial audit services; appoint  Selection and Negotiating Committees consisting of representatives of the Clerk of Courts, Property Appraiser, Sheriff, Tax Collector, Supervisor of Elections, and County Commission ; and appoint the Assistant County Manager for Management Services as the County Commissioners ’ representative.  Motion carried and ordered unanimously.

 

 

AWARD OF PROPOSAL #P-1-05-12 AND CONTRACT, RE:  DEBT COLLECTION

 

     SERVICES                                                                                                                                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Proposal #P-1-05-12, Debt Collection Services, to the best ranked proposer National Financial Systems, Inc. of West Palm Beach ; and authorize the chairman to execute any resultant contracts.  Motion carried and ordered unanimously.  (See page                        for Contract.)

 

 

AWARD OF PROPOSAL #P-1-05-17, PHARMACY BENEFIT MANAGEMENT SERVICES

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the recommendation of the Employee Benefits Insurance Advisory Committee to select Walgreen’s Health Initiatives as the pharmacy benefits administrator for the Brevard County Group Health Insurance Program; and authorize the Office of Human Resources to negotiate and execute all agreements with Walgreen’s required to implement the program, conduct additional negotiations with Walgreen’s, execute amendments to the Agreement necessary for the ongoing management of the Pharmacy Program, and secure additional plan discounts in the second and third year of the agreement.  Motion carried and ordered unanimously.

 

 

CONSIDERATION OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE

 

     ENFORCEMENT LIEN, RE:  LOT 12 IN CANAVERAL GROVES                               

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Special Magistrate’s recommendation to reduce the fine for Case #92-2779 from $2,209 to $10 for Lot 12 in Canaveral Groves ; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY ,

 

     RE:  OFFICE SPACE AT

683 E. UNIVERSITY BOULEVARD, MELBOURNE

                       

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Lease Agreement with the Child Care Association of Brevard County for 900 square feet of office space at

683 E. University Boulevard, Melbourne

, for the Housing and Human Services Department; and delegate the County Manager or designee to execute renewal options, and Facilities Department to administer the Lease Agreement.  Motion carried and ordered unanimously.  (See page                             for Lease Agreement.)

 

 

PERMISSION TO UTILIZE CONTINUING CONSTRUCTION MANAGEMENT CONTRACT

 

     WITH PAVCO CONSTRUCTION CORPORATION, RE:  EXPANSION OF COCOA

 

     BEACH LIBRARY                                                                                                            

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to use the Continuing Construction Management Contract with PAVCO Construction Corporation for construction of the Cocoa Beach Public Library expansion; and authorize the Chairman to execute the associated Contract upon review and approval by the County Attorney and Risk Management.  Motion carried and ordered unanimously.  (See page                    for Contract.)

 

 

PERMISSION TO SPEND TRAFFIC TICKET SURCHARGE FUNDS, RE:  RADIO

 

     SYSTEM NETWORK UPGRADE                                                                                  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept proposal of Communications International, Inc. to implement the T1-E1 Mega-link upgrade for the 800 MHz Public Safety trunking radio system; and authorize expenditure of $395,522.81 from the Intergovernmental Traffic Ticket Surcharge Fund to purchase equipment and services outlined in the proposal.  Motion carried and ordered unanimously.

 

 

RATIFICATION, RE:  FIFTH CENT TOURIST TAX EFFECTIVE DATE

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to ratify July 1, 2005 as the effective date to implement and collect the fifth cent Tourist Development Tax.  Motion carried and ordered unanimously.

 

 

PERMISSION TO SUBMIT APPLICATION TO FLORIDA RETIREMENT SYSTEM AND

 

     TO ADVERTISE NOTICE OF INTENT, RE:  DESIGNATION OF POSITIONS AS

 

     SENIOR MANAGEMENT SERVICE CLASS                                                                 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize submittal of application to the Florida Retirement System for designation of Positions 926 and 1143 as members of the Senior Management Service Class, and to advertise a notice of intent to designate those positions.  Motion carried and ordered unanimously. 

 

 

AUTHORIZE ADDITIONAL FUNDING, RE:  AIR QUALITY STUDY OF ELECTRIC

 

     POWER GENERATING STATIONS                                                                  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize additional funding of $25,000 to complete the air quality study of electric power generating stations.  Motion carried and ordered unanimously.

 

 

APPROVAL, RE:  JOINT MEETING WITH INDIAN RIVER COUNTY COMMISSION

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a joint meeting with Indian River Board of County Commissioners on August 24, 2005, at 1:00 p.m. at the Brevard Community College Palm Bay Campus.  Motion carried and ordered unanimously.

 

 

POLICY BCC-88, RE:  USE OF AND COLOR SCHEME OF COUNTY SEAL

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Policy BCC-81, Use of and Color Scheme of County Seal.  Motion carried and ordered unanimously.  (See page                           for Policy BCC-88.)

 

 

AWARD OF PROPOSALS #P-1-05-19 AND #P-1-05-20, RE:  VOLUNTARY DENTAL

 

     AND VISION INSURANCES                                                                                           

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Proposals #P-1-05-19 and #P-1-05-20, Voluntary Dental and Vision Insurances for the Brevard County Group Health Insurance Program to CompBenefits Solutions; and authorize Human Resources Director to execute contract documents necessary to secure the services.  Motion carried and ordered unanimously.  (See page                          for Contract.)

 

 

AWARD OF PROPOSAL #P-1-05-18 AND CONTRACT, RE:  MANAGED BEHAVIORAL

 

     HEALTH AND EAP INSURANCE                                                                                   

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Proposal #P-1-05-18, Managed Behavioral Health and EAP Insurance, to The Allen Group for Brevard County Group Health Insurance Program; and authorize the Human Resources Director to execute the contract necessary to secure the services.  Motion carried and ordered unanimously.  (See page                          for Contract.)

 

 

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE:  LABOR AGREEMENT

 

     NEGOTIATIONS WITH LABORERS INTERNATIONAL UNION LOCAL 678            

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve scheduling an executive session with the County Manager and appropriate staff to discuss the status of negotiations with the Laborer’s International Union Local 678 on July 19, 2005 at the end of the regular meeting.  Motion carried and ordered unanimously.

 

 

APPROVAL OF LOAN TO SHERIFF’S DEPARTMENT, RE:  HURRICANE

 

     UNBUDGETED COSTS FOR FY 2003-04                                                                    

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize a loan of $170,779 to the Brevard County Sheriff’s Department to fund unbudgeted costs due to Hurricane , with repayment to come from FEMA funds.  Motion carried and ordered unanimously.

 

 

APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Joseph Morgan to the Historical Commission with term expiring December 31, 2005; and Susan Ellison to the Mims/Scottsmoor Public Library Advisory Board, with term expiring December 31, 2005.  Motion carried and ordered unanimously.

 

 

APPROVAL, RE:  BILLS AND BUDGET CHANGES

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve bills and Budget Change Requests as submitted.  Motion carried and ordered unanimously.  (See pages

                                    for List of Bills and Budget Change Requests.)

 

 

PUBLIC COMMENT  -  BOBBY FLECKINGER, RE:  EXEMPTION FOR RESTAURANT

 

Bobby Fleckinger of Cocoa , representing Loughman Lake Fish Camp, presented documents to the Board, but not the Clerk; and stated he is here to propose a special exemption to the language in Section 62-1835, Brevard County Code.  He stated the property is zoned AU with accessory use of a fish camp; it is located at 1955 Hatbill Road in Mims; and it was purchased with existing structures where services were provided such as food, drinks, lodging, and airboat rides.  He requested a special provision for the property to allow a restaurant under the current zoning classification, which would allow them to increase taxable value of the property as well as create an asset for the County in jobs and tourist destination.  He stated their goal is to provide a similar restaurant to that of Jolly Gators in Seminole County and Lone Cabbage in Brevard County; their future intentions are to provide a one-stop destination for tourists to experience the true Florida; and their hope is to provide tourists with RV hookups, cabins, airboat rides, fishing, boat ramps, a restaurant, and a small supply shop on the St. Johns River, which has public access.  He stated their goal can be achieved under Section 62-1835 except for the restaurant; and requested the Board consider a special exemption to the Code language to allow them to provide for their future guests.  Mr. Fleckinger stated they bought the property with all current licenses and health certificates; since then, they have had a hard time getting a restaurant licensed; the business has been open for 30 years; and presented pictures of what the placed looked like and what it looks like now to the Board, but not the Clerk.  He stated they hauled about 250 dump truck loads of trash out of the place and have been cleaning it for four months; and with all the trash and garbage that was there, the restaurant was allowed to stay open.  He stated now that they have cleaned it up, they are not allowed to have a restaurant. 

 

Chairman Pritchard inquired if what is in the pictures is what the property was; with Mr. Fleckinger responding yes, and it had a current health certificate when they bought it.

 

Commissioner Colon inquired who Mr. Fleckinger worked with in the County; with Mr. Fleckinger responding the Zoning and Health Departments.  Commissioner Colon stated the Board needs information from staff, so it cannot make a decision today; and suggested directing the County Manager to have staff work with Mr. Fleckinger and report back to the Board.  Mr. Fleckinger stated all he is asking for is to get it on the Agenda for the next meeting.

 

Commissioner Carlson inquired if Mr. Fleckinger has been operating the restaurant; with Mr. Fleckinger responding no, there is a bar under the fish camp zoning, which allows them to do everything they are doing except operate a restaurant; and it says commercial food service, but that is more like a convenience store.  He stated they do not want to put any buildings up, just to take the existing structure and put in a restaurant.

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to direct staff to provide a report to the Board on Bobby Fleckinger’s request for special exemption to the language in Section 62-1835 of the Brevard County Code, to allow a restaurant on property located at

1955 Hatbill Road, Mims, Florida

.  Motion carried and ordered unanimously.

 

 

USE AGREEMENT WITH THE PLANTATION HOMEOWNERS ASSOCIATION OF

 

     MERRITT ISLAND, INC., RE:  LANDSCAPE AND IRRIGATION IMPROVEMENTS

 

     IN RIGHTS-OF-WAY IN THE PLANTATION SUBDIVISION, PHASES I, II, AND III

 

 

Barbara Benn, representing the Merritt Island Executive Council, presented documents to the Board, but not the clerk; stated the gentleman interested in pulling this item for further discussion is a resident and property owner in The Plantation Subdivision, but is currently in New Jersey and could not be here; and what she presented to the Board are ten points that Mr. Jones is raising with regard to this item having to do with right-of-way agreement with the County.  She stated there are 89 homes in the development and five or six vacant lots that are sold but have not been built on yet; apparently the issue has to do with the right-of-way where the Homeowners Association board insisted that the homeowners put a certain type of tree in the median between the sidewalk and street; and that type of tree essentially is live oak with a very aggressive root system.  Ms. Benn stated they started asking to pull the item towards the end of June; she did copy all Commissioners; Mr. Jones did as well; but they did not seem to get anywhere at that time.  She stated it seems like it is something that is perhaps automatic; they are looking for it not to be automatic; and requested the Board table it until the homeowners have a chance to regroup and be advised of the ramifications of the agreement.   She stated she believes the ten points the gentleman is asking about go for something; no one has voiced that they are here other than her, representing but one voice of a homeowner who deserves some recognition; and requested it be tabled for discussion at another time, when Mr. Jones, who is the resident, could bring the matters forward or have an opportunity to go through and garner more support in the neighborhood.  She stated it is a legitimate request and should be honored, with all due respect to the Board; and inquired if it can be put off until October, which was the actual request, because at that time the homeowners have a meeting when they decide on budgetary matters, and all the homeowners can be aware and apprised fully of what it involves.

 

Chairman Pritchard stated he spoke to Mr. Jones who made the request; he spoke to Mr. Bell who is the president of the Homeowners Association; and after speaking with him, he decided to keep it on the Consent Agenda because the information he got from the president of the Association is that the neighborhood and the board were fully in favor of the agreement.  He stated he spoke with Roadway and Landscaping Director Billy Osborne who echoed the same concerns; and requested Mr. Osborne reinforce why they need to move forward with this.

 

Roadway and Landscaping Director Billy Osborne advised it is a standard use agreement that staff does when it is dealing with landscaping in the right-of-way; and they deal with the Homeowners Association that is supposed to represent all the residents in the Subdivision.  He stated in dealing with the president of the Association, staff was of the understanding that they conferred with everyone and worked out the issues among themselves; so staff moved forward in good faith when it put the use agreement before the Board. 

 

Commissioner Colon inquired if Chairman Pritchard wants a motion to approve it; with Chairman Pritchard responding yes.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Use Agreement with The Plantation Homeowners Association of Merritt Island, Inc. for landscaping and irrigation improvements within the rights-of-way in The Plantation Subdivision, Phases I, II, and III.  Motion carried and ordered unanimously.  (See page                          for Agreement.)

 

 

The meeting recessed at 11:01 a.m., and reconvened at 11:12 a.m.

 

 

 

 

RESOLUTION, RE:  CALLING SPECIAL ELECTION TO CREATE ARTICLE 9 OF THE

 

     BREVARD COUNTY HOME RULE CHARTER TO ESTABLISH A METHOD OF

 

     APPROVING VOLUNTARY ANNEXATIONS                                                                

 

 

Chairman Pritchard advised he has over 40 speaker cards; at five minutes each that would be 200 minutes, which is over three hours; and if anyone in the audience wants to simply say they agree with the previous speaker or something to that effect, the Board will get the message.  He stated if everyone wants to take their five minutes, the Board will be here and will listen; and inquired if the Board wishes to have an overview from the County Attorney .

 

Commissioner Colon stated she wants to give folks who are here on other items an idea of what is about to happen; she is sure every person who filled out a card will have a lot to say, which means the folks who are here on other items will not be heard until late afternoon; and anyone in the audience who has suggestions should feel free to bring it to the Board’s attention when it takes a break.  She stated this item will take about three hours just for the speakers and probably another hour for the Commissioners to discuss it; so folks should adjust their schedules appropriately.  Chairman Pritchard stated he would venture to say the 1:00 and 3:00 time certains would probably not be heard at those times.  He stated when the Board has a time certain, it addresses the item and continues with it until it is completed; and this item has a significant amount of cards.

 

Commissioner Voltz inquired if the Board is going to hear all the 40-plus cards before lunch or take half of them, then break for lunch; with Chairman Pritchard responding the Board will break for lunch at 12:30 p.m.

 

Attorney Paul Gougelman, representing the Space Coast League of Cities, presented documents to the Board but not the Clerk; and stated he would like to make two points, then offer a suggestion with regard to the proposal.  He stated he had the pleasure and honor of being the chairman of the original Charter Review Commission that drafted the Charter for Brevard County which finally passed; it took three tries to finally make it; and he would like to give the Board a little legislative history with regard to the vision of that Charter Review Commission and some of the wording that is in the Charter.  He stated Section 1.7 of the Charter talks about the relationship of municipal Ordinances to County Ordinances and what happens when a County Ordinance is passed that is effective Countywide and a municipality passes something that is different and is in conflict with the County’s Ordinance; and it says the municipal Ordinance will prevail in those cases.  He stated when two Ordinances are consistent they are deemed to be supplemental to each other; and the reason he called the Board’s attention to that is to tell it the mood of the original Charter Commission was to try and keep the relationship of the municipalities and County basically at the same level as it was in the non-charter days.   He noted in other words, the Charter Commission did not want to see the apple cart upset and see major changes in governing relationships between the County and cities; but regrettably the annexation proposal, as it is presently drafted goes counter to that original intent.  Mr. Gougelman stated at the last Charter Review Commission sessions, there were discussions about a growth management study commission and a proposal with regard to annexation; those proposals all got turned down; the League of Cities feels pushing something down someone’s throat is not the way to go; they need to all work together, do it in a positive manner and buy into a solution; and one thing they favor is creating some type of growth management coalition at which some of the problem areas, such as annexation, could be addressed.  Mr. Gougelman stated the League of Cities made that request to the Board; the Growth Management Coalition is available today; and Rockledge Councilwoman Georgia Phillips will probably talk a little later about that.  He suggested the proposal, rather than being adopted at this point, should be sent to the Coalition for review, study, and revision; County Attorney Scott Knox drafted it very well, but he disagrees with it; and there are some flaws from a public policy standpoint where they run the risk of completely shutting down annexation, which is not in the public interest.  He stated unreasonable annexation or something that is going to jeopardize the public welfare is a concern; and the Village of Wellington case in Palm Beach County , where they tried to put in effect a somewhat similar charter amendment, did not go as far as this particular amendment does.  He stated his understanding of it, from talking with some people involved with it, is within the urban service area voluntary annexations continue as normal under the Growth Management Act; and it is when they get into protected environmental areas or rural areas that there is concern and a referenda and approvals of the county commission are called for.  He stated his point in saying that is he thinks there are other ways to accomplish what the Board wants to accomplish; and not only the County but the cities and voters need to buy into it.

 

Donna Brooks, representing the City of Palm Bay , advised Mr. Gougelman did a good job speaking on the issue; and requested the Board listen to all the people today, the concerns of the municipalities as well as the homeowners, and think out the entire issue.  She stated they did not hear about it until Thursday afternoon when it was faxed to their office by Commissioner Colon; so they have not had a lot of time to put any research into it although annexation has certainly been an issue with the County and cities for a while.  She requested the Board think about what it is talking about today, listen to everyone, and make an educated decision that is about team work with all of them working together.

 

Ann Coburn of Canaveral Groves, stated she supports the special election; municipal opponents have said it would usurp the rights of property owners to determine where their properties are and what type of services they want to receive; but any resident can determine where he or she wants to live and what services he or she wants to receive.  She stated the original owners of property to be voluntarily annexed are more concerned with the money they will make from developing the land and will sell their rights away; and the rights of neighboring property owners are the ones that are usurped.  She stated to hypothesize, a property owner wants to annex his property in order to put in a drag racing track; it would affect more people than residents living on the border of or within 500 yards of his property; so those people should be included in the decision to approve or deny the annexation.  She stated municipalities have ethical decisions to make regarding the impact of growth in the entire County; and requested the Board adopt the resolution and in its deliberations discuss how it will meet to decide the boundaries for the elections and if it will provide for public input.

 

Maureen Rupe of Port St. John, President of the Partnership for Sustainable Future, stated if ever there was a sustainable future that has come before the Board, this has to be it; they cannot continue to allow developments to negatively impact the residents’ future; and the people of Brevard County must have the right to vote on voluntary annexations that impact their way of life.   Ms. Rupe stated the Partnership urges the Board to place the proposal for the Charter amendment on the November ballot; the residents are entitled to vote; this is not an ordinance; the Charter provides for both ordinance and Charter amendment; this is a Charter amendment; and it is also not a previous Charter Review Commission proposal like it has been said in the newspapers.  She stated it has gone on long enough; communities have been and will be impacted; and everyone in Brevard County cannot impact their neighbors because there are planning and zoning laws against it, yet whole communities can be impacted by annexations.  She stated since the State would have nothing on the ballot, the County would have to come up with the $490,000 for the special election; but compared to what they may spend in the future, it would be worthwhile.  She stated talking only about Port St. John, the City of Titusville annexed the Reliant Power Plant in 2000; TiCo Airport supported the annexation and pulled its 20-year Master Plan for the southwest runway, which by-passes all air traffic over Port St. John; they have two Port St. John schools in the TiCo Airport’s primary runway path; and planes are overhead all the time.  She stated the land was rezoned from industrial to commercial and residential; 2,700 homes and a large tract of commercial are planned, which will trip the threshold for traffic inside of Port St. John; and inquired where will the money come from to four-lane Grissom Parkway and Kings Highway in the future, and how much will it cost for more schools.  She stated Port St. John would have had a vote in that annexation if the amendment had been in place; and inquired how much in the near future will it cost the taxpayers, and how much is the citizens’ peace of mind worth to the Board.  She stated today they have no protection and no say in those matters; and requested the Board vote to place it on the ballot and leave the ultimate decision up to the people of Brevard County .

 

Steve Jack, President of Mims Community Group, stated they did some studies; back in 1926, Mims was already up to approving a charter; there was more wording in that charter than they would put in it today; it totally bound everything; but if this amendment does not pass, they will be coming to the Board for a feasibility study to incorporate Mims.  He stated the XIV Amendment Civil Rights Section of the U.S. Constitution says, “All persons born and naturalized in the and subject to the jurisdiction thereof are citizens of the and the state wherein they reside.  No state shall make or enforce any law which shall abridge the privilege of immunity of these citizens of the nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny any person within its jurisdiction the equal protection of law.”  He stated each Commissioner was put in office because the majority voted for them; and all they are asking for is a majority vote on what is happening in their community.

 

Cornelius Donovans of Canaveral Groves stated he supports the folks who said they want to be allowed to vote on annexations.  He stated a builder wants to put in 2,000 homes behind his house, and he objects to that.

 

Anne Nelson of Titusville stated she would like the Board to vote against placing the item on the ballot in November.  She stated she lives in Titusville and feels Planning and Zoning staffs and  counsels are very capable and professional in making decisions about annexation requests; and she likes the way it is currently set up.  Commissioner Colon inquired if Ms. Nelson lives in the City of Titusville ; with Ms. Nelson responding she lives in the City but owns four acres in the County that she wants to voluntarily annex.

 

Tiffany Johnson of Titusville stated she owns property in the City and the County; she has been coming to Board meetings since January 2004; she has had her property for 31 years; and  annexation and the SEA ordinances were going to take her property, and she was very concerned.  She stated annexation from

Fox Lake Road

and

Carpenter Road

came about; and the City of Titusville is to be commended with its annexations in the

Carpenter Road

and

Fox Lake Road

areas because it held public meetings at churches and had a woman come from Orlando to facilitate the meetings.  She stated every City Council meeting is open to the County residents and people who do not own property out there were involved; one lady worked with the County and the City, and it came out where the residents out there have EU, one unit per acre; and that is exactly what will be going in out there, so she does not know why there would be any controversy about it.  She stated she has owned property on Fox Lake Road longer than anybody else out there; she was the first property owner, but they did not build out there because the water was so bad; and now all the people living out there are on City water and objecting to coming into the City even though they are contiguous because they do not want to pay the city taxes.  Ms. Johnson stated she lives in the City of Titusville ; they spend money trying to find water resources and need support from taxes to look for water resources; and requested the Board work with the City  and have a joint planning agreement which would mean the City and County are working together.  She inquired if the joint planning agreement on the Agenda will be void because the County wants to take all the annexations away from the cities.  She stated the Board is putting a hardship on County residents and the cities where they cannot work together; the Board and City Council were elected by the people so they have somebody representing them on both ends; and inquired why do they have to put it to a citizen vote.  She stated the citizens made their votes when they elected the Commissioners and Councilpersons to make the decisions of what is proper land use and zoning for the County and the City; and requested the Board put this aside and try to work it out where they have togetherness instead of going backwards. 

 

Robert Lee of Indialantic stated he wants to speak against the proposed Charter amendment; he attended about nine Charter Commission meetings where the amendment was previously denied; and it was stated it is a totally different one, but they are basically the same.  He stated to acquire the vote of approval by neighboring residents of a proposed annexation is unfair because everyone wants undeveloped land next door to them to remain that way; and if the public does not want growth, then the County could simply buy the properties.  He stated to subject the landowner to mob rule scrutiny of the neighbors is unfair and denies that landowner his rights; and the County has no plans to extend public services to many properties in the unincorporated areas where municipalities are in position to provide the services.  He stated when a person buys a lot in an existing subdivision, he does not get the right to remove the rights of another; and he hopes the Board votes its conscience and put this aside.

 

Bobbie Bockman, representing citizens for Resource Stewardship of Brevard, inquired how many people read Article I, which addresses annexation and does not address land use, Comprehensive Plan amendments, or anything the people are opposed to.  She stated they think annexation is a bad thing because it brings new development; but the issue is not annexation that they are concerned about; the way it is written is deceptive because the voters think they are going to have control over the decisions and they are not; the Board has absolute control to interpret from annexation applications, which properties must work under Article IX parameters; and the requirements are confusing and lengthy.  She stated it is not a slam dunk that every annexation request is going to be voted on by registered voters in the areas if the Board has the exclusive authority to determine the boundaries of those affected registered voters; so if she lives 1,200 feet away and feels she is affected, but another person lives 1,000 feet away and the line is cut between their properties, she would not have a say.  She stated the decision of the Board is final, conclusive, and not subject to appeal; it is pretty harsh; felony convictions are subject to appeal; but the determination of who gets to vote is not even subject to an appeal.  She stated if she came in to annex into the City of Rockledge for utilities to do an industrial subdivision and the registered voters voted it down, the community would think it won a great victory, but would not realize she can go to the County and request permission to build the same development; and even if it was a land use change, those voters would have no say in it.  She stated it is not an issue of giving voters power; it is deceiving them into thinking they have some power; and the way it is written, the only one that has power is the Board.

 

Robert Mewighan of Cocoa thanked the Board for all the effort it put in on this issue; and stated when all is said and done, all they are talking about is the power that has been vested by the people of this country in the institutions of this country; and the cities do not have the right, unless it is given to them by the citizens.  He stated everybody seems to think if they do not belong in the city, they do not have the same rights; that is not his understanding of the Constitution; and when the Board is done deliberating on all of this, he wants it to think about what it is actually doing, and that is putting back into the people’s hands the power and trust they vested in the Board.  He stated he believes it is the correct thing to do; it allows the people living in the area to insure they take appropriate responsibility for the area; he heard a lot of things about the cities and annexation; but what he did not hear is responsibility and accountability.  He stated the cities are not accountable to the citizens of unincorporated Brevard County ; they share a power they claim from the State for annexations; but the State does not oversee annexations to determine if they meet the requirements, and it counts on the cities to guard the cookie jar for that.  He stated when someone has an objection, the same cities, using their power, say the person is not an incorporated resident and does not have standing so his or her say does not count; and that goes contrary to the very principles the country was founded on.

 

Mark LaRusso, representing Melbourne City Council, presented documents to the Board but not the Clerk; stated he is here on behalf of the City Council and would like to read the Mayor’s letter, a copy of which he just distributed.  He read as follows:  “Dear Members of the Board of County Commissioners:  City staff has reviewed the proposed Charter amendment concerning limitations on voluntary annexations with Brevard County .  For a host of reasons, the details of which would stretch many pages, the City of Melbourne finds itself vehemently opposed to this proposal and the method in which you have chosen to attempt to advance it.   This clearly will not bode well for our otherwise mutual attempts to cooperation and advancement of our local government issues.  I urge its immediate defeat, but pledge the City of Melbourne ’s cooperation toward reasonable provisions of annexation problem-solving.  Harry C. Goode, Jr., Mayor.”  Mr. LaRusso stated Section 9.3 of the proposed amendment, says, “The County Commission’s determination of the boundaries where registered electors affected by the annexation reside shall be final, conclusive, and not subject to appeal”; and that is bad public policy.

 

Wilma Weglein of Barefoot Bay stated she is in favor of the proposed amendment as many people from South Mainland are; there are a lot of problems, especially in their area; Commissioner Voltz has been working with them and developers who want to develop in the area; there is a lot of land down there; and they are trying to work things out with the developers.  She stated annexation would not provide them a voice in the development of their area; they are in the southern end of the County and forgotten quite often; they have a good voting block, specifically in the community she lives in; so she hopes the Board will consider voting for the amendment. 

 

Diane McCauley of Micco stated she wants the Board to approve the Charter amendment; and July 12 is close to July 4th when they became a community and had rights and privileges.  She stated they chose to live in the unincorporated area; but if something affects them drastically, they want to be able to have a say; and reiterated her request that the Board approve the amendment.

 

Sue McCahan of Barefoot Bay stated they should have a right to decide about annexation in their area; it is a basic right that all of them should ask for; it is not that they do not trust their Commissioners or lawmakers, but they are in the middle of an interesting battle of how Micco is going to look in the next 20 years; and they are getting threatened that if they do not go along with what the developers want, they will annex into Palm Bay.  She stated she does not have any idea why Palm Bay would want to come to Micco; they need to be able to vote to protect their lands, wildlife, and rural look by reasonable development; and there is no way to stop development, but it can be made reasonable so they do not have gas stations on every  corner,  cement walls, and things they see in other parts of the County.  She stated southern Brevard is one of the few places left where they can do something intelligent; North Brevard is another area that has a chance to not be like a zoo; and requested the Board consider voting for the proposed amendment so they would be able to have a say.

 

Marie Slaney of Melbourne stated as a taxpayer and resident she would like to be able to vote on the annexation issue.

 

Ed Slaney of Melbourne stated the wise thing to do is get it on the ballot and let the public have its say. Charlie Love, representing the City of Cocoa , stated he concurs with Attorney Gougelman on his presentation; he wants to state that the people of Canaveral Groves know he supported their concerns on density; and that is the major problem, not annexation.  He stated Brevard County is now experiencing exponential growth; and it is time they act as elected officials and work together to form a committee of municipal and County representatives and formulate a common future land use map.

 

Ted Firlein of Barefoot Bay stated he cannot say much more than what Sue McCahan and Wilma Weglein have said; he supports the resolution; and requested the Board consider it.

 

Sherry Ling of Cocoa stated she is a County citizen and does not understand why the cities think they are more important than the County; and they have been in an argument with the City of Cocoa for close to one year about annexation of property that abuts their properties.  She stated as County residents they do not have rights in the City; but they have been to all the public meetings of the City of Cocoa .  She stated in the County they have rights; annexations are happening and people are coming in and gobbling up the property; and the Board needs to say  what the density should be and what can be built.  She stated they have been talking and talking about the density issue; they understand owners have a right to sell their property or develop it; that is not the issue; and the issue is density and the fact that it impacts their roadways, which are County roadways, and the impact will be felt by the County.  She stated they are County citizens yet they have no rights; they feel having  growth forced on them is not a good thing; and they would like the Board to vote yes on the proposed amendment.

 

Tracy Garceau of Micco stated she supports the amendment; density is the problem; they do not need to overdo everything; and they are already destroying the land.

 

John Manning of Little Hollywood stated their area in Southern Brevard is rural; and he is not against development.  He stated annexation generally seems to be for developers to increase density for increased profits; and he is not against building and developing, but the County has plans; and for that reason he would like the Board to pass the resolution.

 

Douglas Sphar of Merritt Island urged the Board to support the referendum for a Charter amendment on voluntary annexation similar to that of Palm Beach County; stated his wife and he own two properties in the County, one on Merritt Island and the other in the Lake Poinsett area west of Cocoa; and the Lake Poinsett property has the City leaning in his rearview mirror.  He stated the cities have a right to grow; on one hand he wants to keep his right to a financial return on his property; and on the other hand, people have rights to determine the character of a  community, a way of life, and a quality of life.  He stated there needs to be an equitable balance between those potential conflicting entitlements; and the Florida Statutes created for voluntary annexations do not provide the equitable balance and leave nearby unincorporated residents who may see the character of their community and quality of life compromised with no voice or advocate in the process.  He stated they do not have standing to seek a legal remedy; developers are well aware of the voluntary annexation law; and they are increasingly seeking annexation of properties into municipalities.  Mr. Sphar stated they perceive the municipalities eager for tax revenue will be accommodating with favorable changes to land use designations and zoning; Cocoa uses water as a tool for advancing its annexation agenda; and unincorporated property owners are told if they ask they will bring water and sewer to their property but first they must sign a contract agreeing not to oppose future annexations.  He stated two examples of that are the Lost Lake Retirement Community and the Oleander Power Plant now both in the City of Cocoa ; and he is sure other cities are using their water and sewer services to further annexation.  He noted it would be interesting to see a report on that.  He stated the City of Cocoa talk about the right to grow and follow destiny gives him empathy for the native American on the frontier of the 1800’s; those people lost control of their lands and their way of life by a doctrine called Manifest Destiny; and the appropriation of those lands was appended as the right of the Manifest Destiny to overspread and possess the whole continent.  He stated now a century and a half later, they are afflicted with cities that want to overspread and possess the whole County; and urged the Board to vote for the Charter amendment.

 

William Cannon, President of Canaveral Groves Homeowners, Inc., requested the Board’s support of the proposed amendment; stated as it stands now, the cities in Brevard County are not subject to any system of checks and balances when it comes to annexing unimproved property; and some municipalities have been able to work out creative challenges resulting in resolution of differences, while others continue to turn deaf ears to the concerns of residents of the affected areas.  He stated they believe the proposed amendment is in the best interest of all the residents of Brevard County , and respectfully request the Board support the action.

 

Nicki Kisner, member of Canaveral Groves Homeowners, Inc., stated she concurs with the statements of Bill Cannon, Doug Sphar, and Maureen Rupe; she feels that some municipalities are talking about cooperation to work out the issues; however, a lot of them talk the talk but do not walk the walk.  She urged the Board to approve the resolution.

 

Peter Player of Micco stated he definitely supports the resolution because he is an American and it is the American way.  He stated people should have a right to vote and determine their own fate; people died for that basic principle and are dying in for that basic principle now; so he would commend the Board if it approves the resolution.  He stated he has a concern with Article 9.3, Special Election and the Ballot; he has no problem with the Board determining the boundaries; however, it will run into unique circumstances in unique areas such as their Town of Micco .  He stated they have a cloud over their heads right now regarding annexation if they do not give the developers what they want; that is not right and it has to stop; and requested the Board let the people decide because this is and that is what it is all about.

 

Lisette Kolar of Grant thanked the Board for taking the initiative on behalf of the people of Brevard County for this amendment; stated people feel that historically the power of voluntary annexation given to the cities by Florida Statutes has been abused; there are no checks and balances and no say on the issue by residents of the areas; and lands have been annexed and rezoned to be incompatible with surrounding areas, all with the blessings of the Florida Department of Community Affairs.   Ms. Kolar stated lands have been annexed with total disregard for infrastructure that has to be maintained and typically upgraded by the County to accommodate the higher densities; in many cases there are no joint planning agreements with the cities; the cities say they will do all kinds of working together; but in the end it does not seem to work out that way.  She stated lands have also been annexed, which created enclaves and non-compact projections contrary to Florida Statutes; but those annexations still went forward; annexation of land is much easier than redeveloping thousands of acres available within city limits; those areas then become blighted and crime areas; and annexation of land has been used as a threat by developers if the County does not give them the zoning they want.  She stated in all those instances, the eventual losers are the residents of Brevard County, those who live in the cities as well as the unincorporated areas; and in response to hundreds of their constituents, Commissioners Pritchard and Scarborough wisely suggested the Board amend the Charter to give the people a voice in the voluntary annexation process.   She stated annexations may not always be bad things; people are wise enough to know when annexation is a good thing and will vote for it; there is a fear that people will never vote for annexations; but she does not believe that.  She stated people are wise; there is only one other county in Florida, Palm Beach County, that has a similar article in its Charter; it was recently challenged and upheld by the courts; but in her opinion, Palm Beach County waited too long.  She stated Brevard County is on the verge of being too late, but there is still time; it is one thing to learn and realize what happened in South Florida because of these practices; and it is another to take a positive preemptive step towards stopping it here in Brevard County.  She stated the people of Brevard County respectfully demand a direct voice in order to stop a process that has been abused in their opinion; and the people are here to ask the Board to authorize a special election in November 2005 to establish Article IX of the Charter.

 

Allen Thorn, President of Little Hollywood Improvement Association, stated he supports Lisette Kolar, but what he has not heard is what they should be discussing; they are talking about being for or against annexation, but the item is to simply put a Charter amendment proposal on the ballot; it may go down and not pass; but they are here today to request it be put on the ballot. 

 

Vicki Benoir of Micco stated she is here to ask for the right to vote on the amendment and agrees with everything Lisette Kolar said.

 

Jan Black of Micco stated she heard one of the cities tell the Board they are all in this together and if the Board puts it on the ballot, they are going to have a very hard time cooperating with it or something like that; they are hearing from the cities that if they fight developers on the densities, they will annex into a city; so they are getting it from every side.  She stated she does not think the issue they are concerned about is annexation; it is density; what has historically happened is when areas are annexed into cities, they are given much higher densities than the County’s Comprehensive Plan would allow; and in many cases, some of them feel the County Comprehensive Plan is too restrictive and they go into the cities.  She stated she realizes the cities have services, but it is not right that a city can annex, increase the density, and affect the

infrastructure for everybody surrounding the property being annexed when they get no say in it.  Ms. Black stated she hopes people inside the city limits will start attending meetings and maybe have a say; the city councils listen to them politely but they have no vote in the city so they do not need them; but the residents need to understand as their cities keep annexing properties, their taxes are going to increase and they would have to float bonds to pay for improvements, parks, roads, etc. that will come with growth because historically growth does not pay for itself.  She inquired if developers and cities want to be good neighbors, why do they object to letting those who will be their neighbors have a say as to whether or not it is going to impact them adversely.  She stated the amendment needs to go on the ballot and there needs to be open hearings when annexations are going to happen; they have no say now; they get no support from Department of Community Affairs; and the only way they can do it is through the Board of County Commissioners.  She stated the Board represents cities and the County and is not just here for County residents; but they have no other place to go so they are asking the Board to put it on the ballot and let the people decide.  She noted it may go down; there will be a lot of money fighting it with ads in the newspapers; but they need the opportunity to at least vote on it.

 

Councilwoman Georgia Phillips from Rockledge stated she is speaking to the Board today as the Chairman of the Space Coast Growth Management Coalition, which was formed with the Board’s cooperation and to which it has appointed four people.  She stated the Board asked the County Attorney in February to come back with something; it has the Space Coast Growth Management Coalition available to it; the Coalition, comprised of a wide variety of people from the School Board, County, and Cities, has not seen the proposed amendment; and she thinks the Board would want it to see this before it votes on whether or not to put it on the ballot so it can get their ideas and maybe incorporate a better structure. 

 

Suzanne Valencia of West Melbourne urged the Board to let the voters have a choice; stated in the recent past they had to twist arms to get the EEL’s referendum on the ballot; and if the Board recalls, it passed by 70% of the votes; so it needs to let the people have a vote on this issue.  She stated everybody said what she wanted to say, but one thing that was not mentioned that she wants the Board to remember is the Brevard Crossing issue; they wanted to destroy 100 acres of wetlands; the County Ordinance would not allow it so they talked the City of Cocoa into allowing them to be annexed; and the City then adjusted its Comprehensive Plan to accommodate them.  She stated many people said most annexations are to circumvent County regulations and a good bit of it has to do with density; people need a right to say who is going to be their neighbor and as far as cooperation between cities and the County, Brevard Crossing certainly did not show that cooperation on the part of the City of Cocoa.  She urged the Board to allow the people to vote on it; and stated they have the right to vote on those things.

 

Laura Ward of Titusville thanked the Board for bringing the issue to the point of discussion; stated other counties have dealt with growth issues and done charter amendments; and they appreciate the Board considering this proposed amendment.  She stated Mr. Gougelman said the original Charter Review Commission was created to try and keep a status quo in the relationship, but at the time it was originally done they did not have the unbridled annexations that are happening now; and nothing like this proposed amendment ever came before the Charter Review Commission, because it is completely different.  Ms. Ward stated this amendment would not subject all annexations to vote by citizens, just those of serious impact; people residing in cities and unincorporated areas feel that their lives are being impacted by inevitable growth that they have no control over; and the proposed amendment would insert the people back into the process and give them the opportunity to be part of it instead of being run over by the process.  She stated they are only asking to let them decide if they want to amend their Charter to allow them to participate more fully in those specific instances when there is serious impact; and inquired what is it worth to give the constituents the very people the Board is charged with serving, a chance to have a say of how they are going to live in the future.  She stated the cost to put the referendum on the ballot is a small amount for the Board to tell its constituents that it is time for all the folks, whether they live in the cities or the County, to have a vote in their own future. 

 

Mark Ryan, City Manager of West Melbourne, advised he is not speaking only as the City Manager but also as a member of the Growth Management Coalition; and he volunteers his time on that important Coalition because he believes in what it was founded to do, to work together with the cities and County to solve many of the issues they are faced with relating to growth.  He stated he raced back from his day off in Tampa to get to one of the meetings because that is what he believes in; it was that important; and it is a little disheartening to see this proposal not go before the Coalition because that is what the Coalition is entitled to do, to give the Board input and provide that type of valuable resource.  He stated he was also fortunate to help facilitate the first City/County Summit; that summit was brought about to deal with contentious issues they were faced with between cities and the County and to foster better relationships between the two governments; and this proposal affects what they were trying to do through those summits, which he does not want to see happen.  He stated he wants to see the cooperation between the cities and County; one speaker said not all annexations would have to go to referendum; and he does not think so because Section 9.2 of the resolution says, “No voluntary annexation ordinance shall take effect unless the ordinance has been approved by the majority vote of the registered electors affected by the annexation ordinance.”  He stated that tells him that every single voluntary annexation, whether it is one lot or 1,000 acres has to go to a vote.  He suggested the Board put itself in the shoes of the one lot owner who wants to get sewer and water services because the well and septic tank have failed; they do not have the right to work with the adjoining city to annex in to get those utilities; the County does not have the facilities in many areas of the County; and the closest utilities for South Brevard is Viera and the beachside; so they need to work together.  He stated all he is asking for is that the cities and County work together.

 

Jerry Wall of West Canaveral Groves, stated in the immortal words of John Denver, may he say “Thank God I’m a country boy”; and it is obvious that many speakers do not understand the issues, mainly the rights of rural country residents.  He stated they are concerned about growth, urban sprawl, and loss of the rural lifestyle; a June 6, 2005 article in Florida TODAY about Growth Worries South County, quoted Jim Sellon, an Orlando based consultant; but it did not explain who he was consulting or what the purpose of his consultation was.  Mr. Wall stated Mr. Sellon is quoted as saying, “planning is market driven, not philosophy driven”;  he cannot agree with that and thinks they need to be concerned about country lifestyle, the rights of individuals, saving green space and wildlife, and a whole bunch of things; but the main thing he wanted to say is that type of philosophy is what has led to the demise of the Florida of his childhood.  He stated that is what has led to the current dismal situation they find in Dade and Broward Counties , and hopefully not Brevard County ; and requested the Board help him and other like-minded rural residents protect their lifestyle.  He stated he agrees with Ann Coburn, Maureen Rupe, Steve Jackson, Bill Cannon, and others who spoke in support of placing Article IX on the ballot; and urged the Board to support it.

 

Stanley Foster of Titusville presented documents to the Board but not the Clerk; and stated he lives off Fox Lake Road, attended a lot of City meetings, saw platitudes given, tried to work things out, and brought out their concerns why their rural living is what they want and why they moved to where they live at great cost, but most of it fell on deaf ears.  He stated they were given platitudes and all kinds of promises, but they were not enforceable contingencies; and they have not seen anything come close to something that would be solid.  He stated their concerns are about density; that seems to be the key point; it would be nice to work things out if they could be; but it does not look like they can bring the “ying” and “yang” together; and even though they tried to have a gray area to work things out, it did not seem possible.  He stated the City of Titusville has no experience catering to the unique freedoms and needs associated with rural living; when he inquired about the intentions to adopt different rules and restrictions that would be commensurate with Brevard County Ordinances and things regarding density, he was told they would be subject to the same zero property line restrictions and rules that people living in the City are.  Mr. Foster stated most of the homes in the area along Fox Lake Road where he lives are huge and sits on three to five acres; the last he heard it was one unit per acre, but the way the shenanigans went, it was going to end up as two houses per acre with something like greenery in between or whatever; and that is a far cry from one house on three to five acres.  He stated in his opinion, some of the cities are counting on County tax dollars to pay for the mistakes they have already made; and a lot of it falls on their predecessors and not so much the sitting members of the city councils.  He stated the City of Titusville is well aware of the proposal and on July 26, it is going to try and rush the annexation forward for the

Fox Lake Road

area and Osprey Point, and try to see that they do not get a vote in November.  He stated he does not know what legally can be done, but if the Board is inclined to go forward with the proposed amendment, some legal action should be taken to put the City off until they have that vote.

 

Barbara Jagrowski, representing the League of Women Voters of the Space Coast , stated Mr. Gougelman and she both had the pleasure of serving on the first Charter Review Commission; and she also had the honor of serving on the most recent Charter Review Commission, and will speak from her experience there.  She stated she wishes to clear up something that was written in the Florida TODAY newspaper last week; she is not sure who was quoted, but the issue was definitely not addressed by the Charter Review Commission; the Commission was petitioned by citizens of Scottsmoor, Mims, and other communities to help them continue their rural way of life; and their concerns are coming to fruition by the current annexations by nearby cities.  Ms. Jagrowski stated they like their present status and do not want it changed, especially the threat of being annexed piecemeal by a large city in which they will have little say; and unfortunately, she firmly believes that the only method that will protect the small communities and their way of life is to incorporate and set forth their wishes in a city charter.  She stated another issue was a city annexing land, building upon it to increase the tax base, and leaving the roads for the County to maintain because they were not built to city standards; in many cases the cities wanted the roads widened, curbed, and re-paved at County expense to handle the added traffic even though the County has no claim on the taxes from the development along the roads; however, the increased tax base is never enough to pay for the development, which leads to additional incorporation.  She noted the first rule, when one finds oneself in a hole, is to stop digging; but unfortunately the cities have not yet understood this lesson.  She stated one Charter Review Commissioner presented a most intriguing plan, which has been in effect in neighboring Volusia County for over 20 years; it was very detailed but too involved to be decided by the Charter Commission in the limited time it had; and she also had a problem with it being in violation of a part of the Charter that stated when a conflict arises between the city and County, the city prevails.  She stated in most cases, she sees the cities wanting the benefits but at no cost; she believes that the JPA that is already in place would be better suited to tackle this plan and implement some or all of it; a few cities do actively participate in the JPA; but unfortunately most of them do not.  She stated she wishes the cities would keep in mind not only what is of benefit to their cities but to their neighbors as well; Countywide planning for roads, emergency services, schools, and water allocation should be mandatory for all who live in Brevard County; and the League of Women Voters supports putting the proposed Charter amendment on the ballot.

 

Palm Bay Councilman Pat Woodard, President of the Space Coast League of Cities, stated last night during their board of directors meeting, they passed an emergency resolution vehemently opposing this action calling for a referendum for approval of voluntary annexation; it was passed at the board of directors meeting and at the membership meeting thereafter; and there are a number of issues he wants to touch on.  He stated first and foremost, not from a municipality standpoint, but the private rights standpoint, they addressed eminent domain issues on the federal level; people unfortunately for whatever reason, cannot receive water and sewer, fire protection, and police protection they care to have on their property; some individuals in the private rights group would say if they want to live on a piece of property that is 20 acres in size, they can buy 20 acres; and others prefer to buy one acre but do not want development on the 20 acres around them.  He stated unfortunately, they have all received requests for rezoning and  residents claiming the property is a preserve and  there is wildlife on the property; but what they failed to realize is their property also had wildlife on it before their house was built.  Mr. Woodard stated home rule is a big issue for municipalities; there is a large benefit in incorporation; it is a responsive form of government; and with this action, the Board will be stripping away the cities’ home rule authority.  He stated the last line of the County Charter Preamble states in part, “conceived in the interest of cooperation with municipalities and other governmental units of this County do ordain and establish this Home Rule Charter for Brevard County.”  Mr. Woodard stated it also alluded to Section 1.7, municipality ordinances shall prevail over County ordinances; that is for a very good reason; he does not know how much it would cost to have a special election in an off year; however, before the Board spends that money, he would suggest it put the onus back on the special interest groups.  He stated there is a provision in the Charter that shows there is broad-based community support for this to go on a Charter referendum; to him that would be the sensible way of doing it; some things he does not understand by reading it; and inquired if the cost of validating would be borne by the affected property owners.  He stated it would the annexing municipality to obtain the referendum approval; if that is true, it appears that the cost of that would fall back on the municipalities; that appears to be an unfunded mandate; and they do not like those.  He stated the definition of affected property owner is another thing that concerns the League, and the exclusive County discretion with no right of appeal; another thing he finds troublesome is the very short notice they received on this issue; Brevard County Resolution No. 95-290 states, in reference to ordinances and not resolutions, giving municipalities 60 days for review and comment; they did not receive 60 days and hardly six days; and if this is adopted, it would have more effect than an ordinance would.  Mr. Woodard stated the day of the referendum is stated as November 1; and the fact that they had no notice leaves him to believe or at least question whether there was a typo or if the Board intended not to coincide with municipal elections, which will happen on November 8.  He stated the Charter Review Commission did see this issue as Proposal #8 entitled Neighborhood Preservation Districts; all of this was addressed in there also; actually this resolution is more restrictive than what was addressed; and all the Commissioners had representatives on the Charter Commission except Commissioner Voltz.  He stated the Commissioners asked if anything was to come before the Board addressing those things, to please notify; and he was not notified.  He stated they went to the March 4 County/City/School Board Summit and talked and started a development there; he was a guest speaker at the Brevard Tomorrow luncheon on June 3; and he believes in smart growth and asking for the community's input, but not their authorization.  He stated the South Mainland Master Plan Workshop in Barefoot Bay is going to take place with Commissioner Voltz; those are people who are trying to come to the table; and most importantly, the Space Coast Growth Management Coalition, which was discussed earlier is where these ideas need to go and be discussed fully.   

 

Tom Carrino, Economic Development Manager for the City of Cocoa, stated the first thing he wants to address is something that was mentioned earlier, that the City of Cocoa uses its water and sewer systems as an engine for annexation; that is not necessarily true; if that were the case, the City of Cocoa would be the County seat in that much of the growth and development that happened in Viera was subsidized by the Cocoa taxpayers and would all be in the City of Cocoa if they annexed or required provision of water service as a condition of annexation.  He stated the City chose not to do that because it wanted to be more responsible, as other than water service, it is not positioned to provide municipal services in Viera.  He stated what the Board is proposing is geared more toward big developers of large tracts of land; but unfortunately the small property owners are also being dragged into it; and he will describe a couple of annexations that happened in the City of Cocoa in the last year and a half or so.  He stated a property owner along Lake Drive wanted to start a business in an area that desperately needed new jobs; the tax impact to the City was $689, not really that much; however, the property owner came to the City and said he wanted to start a new business and wanted to take advantage of the business assistance programs because there were no business assistance programs in the County for him to take advantage of.   He stated the City honored that request.  Mr. Carrino stated a business along Clearlake Road had its sign damaged during the hurricane; the owner went to the County and found he had to coordinate with 13 different departments and divisions to try and get a new sign permitted; he came to the City and the City told him its Planning Department would coordinate everything for him; and he was tired of hearing everybody at the County saying no, so he wanted to come to the City that would work with him.  He stated a church on Pineda Causeway whose congregation had caused it to outgrow its existing facility, came to the City and asked for help; there are zero tax dollars because churches are not taxable; people might think why would the City want to annex a church for zero tax dollars, what is the benefit, and what is the angle; well, they asked for help from the City because they had to coordinate with 13 different departments and divisions in the County to get a permit for expansion; and the City told them to work with its Planning Department, which would coordinate everything for them.  Mr. Carrino stated regarding County/City relations, for some reason the sentiment at the County level is that the County and its staff have a better understanding of the issues; his impression of that comes from a joint City/County meeting to discuss the annexation at I-95 and SR 528, where the City Council was given basically a secondary position and where the meeting was unilaterally ended by the County Commission; City Council and staff were treated as if they did not really have an understanding of the issues; and that was upsetting  because City Council and staff had a very good understanding of the issues.  He stated it is not certain who is going to be paying for the referenda; the item clearly states the County will be paying for the special election to amend the Charter, but it does not specifically state who is going to be responsible for paying for the resulting referenda; and requested the County stop wasting taxpayers’ dollars for frivolous lawsuits and endless referenda for items that could be handled administratively or at the County or City Council levels.  He requested the Board look at the way it is doing business; stated the County is not designed to provide specialized services to everyone, which is why some of the smaller annexations he mentioned were interested in annexing into the city; and the cities are better positioned to provide those specialized services.  He suggested the cities and County get together, sit down in good faith, talk this out, deal with each other on an equal playing field, and decide together where exactly they want the County to go and what they want the County to be when it grows up.

 

Commissioner Colon stated Mr. Carrino was kind enough to give the Board four different examples of how they were able to annex property, but he did not explain exactly what the meeting was about and the change in density.  She inquired where was the equal playing field then.  Mr. Carrino stated the reason he brought up that meeting was because the perception is the cities are pandering to developers, and that is not always the case.  He stated sometimes small landowners who are not getting the services they deserve from the County, whether that be because the County cannot or chooses not to provide those services, are left behind; and the cities are better positioned to provide those services.

 

 

Commissioner Scarborough stated Mr. Carrino’s rendition of what happened and what he heard from a number of people are quite different; when annexation was initiated in Cocoa, there was no room for people to come into the Chambers; there was a request to move to larger facilities and a request for continuation; and at the end, the County personnel who were there were not afforded the opportunity to talk, yet the request is for the County and City to talk.  He stated the City took action; and subsequent actions he heard from County staff were that there were repeated requests for information and the information was not forthcoming until just before it ran so there was no opportunity for staff to consider implications to transportation facilities.  He stated he may be wrong, but he heard that from a number of people.  Mr. Carrino stated City Council Chambers has a limit as to capacity; and that is not 500 to 600 people; so people were asked to wait outside and any name that was submitted on a speaker card was allowed the opportunity to speak; they were brought in one at a time; and as far as the City/County coordination, it could have been better on both sides, but it is unfair that the perception in some cases is that the County is acting somewhat unilaterally.

 

Chairman Pritchard advised, as he said earlier, if speakers agree with the previous speakers, they can simply say they do.  He stated he agrees with Commissioner Scarborough’s version of what was orchestrated at a meeting.

 

 

The meeting recessed at 12:31 p.m., and reconvened at 1:30 p.m.

 

 

City of Cocoa Mayor Michael Blake stated he comes to the Board as a wholesome individual, born and raised in the great City of Cocoa and Brevard County ;  and he supports and endorses Esquire Gougelman’s recommendation to look at this well-devised plan and come to some common ground in reference to this amendment.  He stated the amendment is broad; he will recite a few lines from it, and maybe the County can expound on it; and it states, “Shall the Brevard County Home Rule Charter be amended to establish exclusive method for approving voluntary annexations in Brevard County, Florida that would require the annexing municipalities to obtain referendum approval of voluntary annexation from registered electors residing in the unincorporated and incorporated areas affected by the proposed voluntary annexation?”  He stated when he reviewed it and read the ballot summary, it seemed vague and gives little idea of what the proposal really is; and in the ballot summary there is no mention of reports and information that must be submitted prior to consideration of annexation, who will pay for the information to be assembled, or who or how the areas for the voting will be applied.  He stated Section 9.3 says the County Commission determination of the boundaries where registered electors affected by the annexations shall reside will be final, conclusive, and not subject to appeal; some gentleman read the XIV Amendment of the Constitution that gives a person the right to due process; and Section 9.3 states, “conclusive and not subject to appeal.  That determination shall be made in a resolution calling a special election in an affected area on the issue of whether the proposed annexation ordinance should be approved.  Special election shall be mailed-out election held in conformity with the Florida Election Laws; and all registered electors determined by the Supervisor of Elections to reside within affected area shall be afforded the opportunity to vote.”  Mayor Blake stated the questions are who will pay for the elections, and will it be specifically designed and designated in detail.  He stated he is a proponent of annexation and is concerned about this amendment; he vehemently disapproves of it; and he is concerned about the cost.  He stated when the citizens of the County area came forward, he did listen to their concerns; he is concerned about density as well; but what he wants to know, since this is being orchestrated for November 1, 2005 and they found out about it Thursday or Friday of last week, is if the Board would consider changing it to the 2006 elections where there will be a large turnout because of the gubernatorial election.  He stated during his time with the newly-elected Council, which he is very proud of, they did give each and every citizen opportune time to come forward and speak regardless if they resided in the County or the City; he violated one of the Ordinances by letting them come forward and speak; and they did increase that room and gave them ample time and due process.  He stated he is concerned about density and will listen to all comments, questions, and criticism; but he wishes the Board would extend the olive branch so that they can communicate and resolve this matter where it is not placed on a referendum.  He requested they utilize the avenues the Space Coast Growth Management Coalition provides as a resource; and stated it would be a wise investment.  He stated the ultimate question does lie with the citizens; it should be determined by the voters; but he would like the wording modified.

 

Ms. Lee Deyo of Cocoa stated she attended the Cocoa annexation meeting in 2004 where 500 residents from Canaveral Groves and The Ranch Subdivision were present; her property abuts the subject property at the end of Friday Road; and she went door-to-door getting petitions signed.  She stated they got 1,000 signatures, but it did not make a difference at the meeting; they sent it to Department of Community Affairs and it did not make a difference; and requested the Board vote yes for the Charter amendment. 

 

Tommy Cook of Cocoa stated he lives 325 feet from the corner of Friday and James Roads; and although he does not live in the 500-foot zone, he has to deal with the planned housing development at the end of his road.  He stated there are going to be 7,000 cars on Friday Road; they said it would be one car per six seconds; his mailbox is on the other side of Friday Road; and in front of his house is a 45 mph speed limit.  He stated it is not acceptable; he has been there 28 years, bought the house as a starter home, and did a lot of repairs; he raised three children there and still has one child at home; and he decided the area was wonderful so he made that his permanent home.  He stated as an individual who has lived there all that time, he thinks he has a right to have a vote at least on annexations in their area or the density that is going to come to his area; and when he bought out there, he was told everything was one house per acre, although there have been a few streets that have half-acre or three-quarter acre lots, but are conducive to the area.  Mr. Cook stated this has been an exciting day for him; he appreciates the Board coming up with the resolution; it is very exciting because he has been at so many City of Cocoa meetings where he felt like the City feels today, that they have a blind say but have no power; and he appreciates this meeting today.

 

Jim McKnight, City Manager of Rockledge, representing Rockledge City Council, stated on July 6, 2005, the Council took formal action to oppose the proposed Charter amendment as currently structured; and each Commissioner should have received a letter last week that reflected that.  He stated they were only aware of the issue being placed on the Board’s Agenda the day they met; so unfortunately their discussion was limited because they did not have time to digest what was being proposed and respond quickly as well.  He stated he finds it disappointing in that as a member of the recently formed Space Coast Growth Management Coalition it was his belief that this issue was being addressed and recommendations would be forthcoming; and the movement forward of this proposed amendment without meaningful dialogue with municipalities will only serve to polarize the Brevard community.  He stated no one can say that growth has not brought about concerns, issues, and problems; he has lived in Brevard County his entire life; his mother still lives in the same house that he went through 46 years ago; and the very property he is standing on today was an area he came through as a child that had cattle and crops on it.  Mr. McKnight stated they point to the cities creating the growth problems when some of the major problems in Rockledge have been brought about by the rampant growth of unincorporated Viera; and basic planning principles call for growth to occur in the urban areas, yet the Charter amendment will only make infill development and enclave annexation more difficult.  He stated as a County Planning staff member 25 years ago, his first assignment was to complete elements of the Comprehensive Plan that would address urban service areas and identify the growth areas for cities; much of what was done by the County’s LPA at that time was watered down by the Board of County Commissioners; effectively no vision was cast to the Brevard community when it came to growth and development; hence a quarter of a century later they are still grappling with the same issues and do not have a clear vision.  He stated Rockledge entered into a JPA a number of years ago; the City had annexations that actually reduced density from what was allowed by the County’s Land Use Plan; and the opinions and input of County residents have always been welcomed at their Council meetings and they were given the same opportunity as City residents to speak on all issues.  He stated they currently provide fire and paramedic services to designated unincorporated areas of the County under Contract with the County because it is in the best interest of the citizens; he has listened to many concerns that have been voiced relative to protection of the rural lifestyle, impacts on infrastructure, loss of open space, cost of overdevelopment, and many other issues; and those are valid concerns and points that require answers and actions, but the proposed Charter amendment is not the answer.  He requested the Board allow the Growth Management Coalition an opportunity to come forward with some solutions; and if they fail to accomplish the objective, the Board always has this amendment as an option.  He noted to move forward now fails to give the process the opportunity to work.

 

Tim Doyle of Palm Bay, representing the Green Party of Brevard, thanked the Board for bringing the proposed amendment to the forefront; and stated a lot of people he knows believe they do not have a voice in government and that is why he is here saying to the Board that the process of grassroots democracy will hold valid in this case.  He stated the people need to have a voice in this matter; he supports the prior speaker, Suzanne Valencia, who believed what happened in Cocoa with Brevard Crossing was a tragedy; and he wants to say for himself and his group that they would like to see the amendment on the ballot.

 

Executive Director of Marine Resources Council Jim Egan stated at this point they have not taken an official position on the subject but he was asked to address a number of concerns they had.  He stated comprehensive planning in Brevard County and Florida was brought to the State because it was understood market-driven development was creating economic and ecological disaster for the State, so the need for a good comprehensive plan was self evident; but they have seen recent history that annexations are dramatically altering the Comprehensive Plan, where an area that might have been considered low-density in the Comprehensive Plan suddenly has become a high-density development, commercial center, or other types of things; and that dramatically impacts the ability to plan and to have a successful future when the Plan is not something that is going to be predictable.  He stated a resident who has lived in Brevard County for decades has a certain expectation that his community is going to develop the way the Plan has said it would; there is a tremendous economic incentive to do just the opposite; but if he buys property zoned for high density and builds high density on it, he cannot get the kind of economic return that he can by buying in a rural area, getting the density changed, and building on it, so there is a tremendous economic incentive to cause development in areas where it may not be the most economically feasible to provide infrastructure to.  He stated the closer they are to the city the better the access to infrastructure; and the more value the property has, the less money they make in flipping it over; so they have a tremendous economic incentive to do opposite to what the plan is doing.  Mr. Egan stated the Board needs to keep that in mind when it is considering issues like this amendment because there is such a tremendous economic incentive to create problems in the planning; and they saw that in some of the annexations, but not most because most were small scale, did not cause serious effects, and they rarely heard homeowners complaining that their suburban one house per quarter-acre now has more homes per quarter-acre on it.  He stated the problem is when there is a dramatic alteration in zoning that comes along with the annexation; unfortunately a lot of the annexations are just a disguise alteration in zoning they felt they could not get in the County; and those are the types of things that could be very problematic in terms of planning for the future.  He stated they know what Florida looked like without planning; they have also seen the greater development that market has driven for this area; and every year is an alteration that has never been before; so basically they are going to become, without some effort of Brevard County, just another completely urbanized area similar to Dade or any area to the south.  He stated the Board has to decide if the citizens should be given an opportunity to vote on that.

 

John Titkanich, Community Development Director for the City of Cocoa, stated he is an ardent supporter of annexation and municipal home rule; he firmly believes that cities that do not take their destiny into their own control will languish and be subject to disinvestment and decline; so he would like to talk about why cities annex, why they must annex if they are to survive in the future,  why cities need to be elastic, and why they need to be capable to expand.  He stated David Rusk, former elected official in New Mexico and current scholar at Woodrow Wilson International Center, provides some insight with regard to this issue; he studied metropolitan areas, of which Brevard County was included, to determine whether there were any corollary factors that exist with regard to growth and decline of cities; and he will share 8 of the 26 lessons he provided because he believes they are relative and germane to the annexation issue.  Mr. Titkanich stated elastic cities expand their city limits while inelastic cities do not; elastic cities gain population and inelastic cities lose population; and when a city stops growing, it starts shrinking.  He stated inelastic areas are more segregated than elastic areas; highly racially-segregated regions are also highly economically-segregated regions; and inelastic cities have wider income gaps with their suburbs.  He inquired do any of those lessons ring true to their community; and stated they certainly describe the City of Cocoa over the last 20 years or so.  He stated in the 2000 census, the City experienced over 7% decline in its population; for Cocoa, annexation is critical to the City’s success; and besides urban infill, the most logical policy for the City to pursue in order to increase its share of population, employment, and a fair share of redistributed revenues, especially dollars as they relate to serving the most impoverished areas within Brevard County, and to increase its political clout within the region for equal and fair consideration, such as when it comes to transportation improvements like Dixon Road that has not been done for a while, is annexation.  He stated the City’s annexation objectives are to expand the City’s tax base, reduce and eliminate enclaves that provide service headaches for both parties, encourage and promote more compatible land use and growth such as preventing co-location with location of adult entertainment zones at their doorsteps, and to protect and promote the City’s infrastructure investment.  He stated he believes the Charter amendment is flawed and will result in unintended negative consequences; as currently written, a couple with a half-acre or one-acre lot that is seeking to build their dream home, evaluates the Cities of Cocoa and Rockledge, looks at the County, and figures out what is best for them; and they should have the right to determine where they want to live, which City they want to belong to, or whether to stay in the County.  Mr. Titkanich requested the Board examine the process that has been set forth and ask itself if that is the framework it really wants; stated the framework is more government and not less government; the determination of a boundary for vote is arbitrary and subjective; and it does not provide for due process to the property owner, which he does not believe is what the Board is desiring.  He stated the Amendment applies to voluntary annexations; he knows the Board has issues with the type of annexations they do; the Amendment does not apply to that; they do involuntary annexations; so it is deceptive to say that it is going to solve the problem and all the people are going to be able to vote because it does not apply to that.  He stated in the Wellington case, they talked about the court affirming that the State Legislature did not grant that power to municipalities and that it only has the power to adopt a uniform method for approving voluntary annexations; so this Amendment does not apply.  He stated he understands the residents are frustrated and feel disenfranchised, but this is not the answer; and he agrees the City and County should meet in good faith and get together with the coalition to look for answers that will resolve this issue.  He stated it is going to put an inordinate burden on the personal property owners; it is not going to affect the way the City of Cocoa does annexations; it is the property owner with a small piece of property who is going to be affected the most; and suggested getting Dr. DeHaven Smith back here, continue what they started in February 2004 and the meeting in March, and get back to the table to work it out.

 

Barbara Buzzo of Cocoa stated it has been a long hard battle; the Board has taken a tough unprecedented stand on behalf of the citizens who have been affected by all the development caused by cities that are motivated by a tax base, which equates to money and developers who come from out of town and money in their pockets, while they are left with the mess as taxpayers of unincorporated Brevard County .  Ms. Buzzo stated the Board stands for both city and County residents; and she appreciates the time it has taken for meetings, hearings, and paperwork for reading up on it, which has been a lot and tiring for them.  She stated while for everyone else it means money, for those who are left behind, it is their quality of life; it is worth fighting for; and they will not stop.  She stated the County has done a lot of work on this issue so she does not understand all the cities coming up and crying about how they did not have any say on what went on.  She inquired what happened when the people wanted to have a say so on annexation; where were their voices heard; and when the City finally did let them speak, it fell on deaf ears.  She stated they appreciate the fact that the Board has an open mind and will make the decision based upon staff who will give it their qualified opinion; that means a lot to them; as a realtor there was an email that went out through a friend at work telling realtors to show up for today’s meeting because it would affect them; if it passes, the voters will certainly vote for it; and that tells her volumes.  She stated it will affect some people’s income, but more or less the residents will be affected by what is left behind; and most of them do not want it to become a Broward or Dade County .  She stated they would like development to occur but in a planned and controlled manner that allows everyone to co-exist happily; and she hopes the Board will approve the referendum.  She stated if it waits until next year, those of them in Cocoa will be lost because their timeframe will be gone; so she hopes the Board passes it today and gets it on the ballot in November. 

 

Jennifer Therrien of Cocoa stated she appreciates what the Board has done, its integrity, honesty, and the effort put into hearing the voice of the people; and she is here to talk about the Charter amendment.  She stated Brevard County has experienced explosive and damaging growth over the past few years; a significant percentage of that growth is being fueled by the voluntary annexations in rural portions of the County; it is a practice where municipalities annex large parcels of land from the unincorporated areas of the County and swiftly change the zoning from one unit per acre and sometimes one unit per 2.5 acres to a much higher density, sometimes to eight or ten houses per acre, in their search for additional tax revenue; and it is incorporated by a number of large municipalities across Brevard County.  She stated that practice has impacted everyone in Brevard County , not just the people in rural areas; and everyone has been impacted by the explosive growth and amount of traffic that impacts the infrastructure.  She stated this practice removes property from the County’s revenue and taxes are paid to the cities, but the County is left with the bill for roads; and it is utterly amazing that a lot of the weight is put on the County and the cities are reaping the benefits of the tax revenue.  Ms. Therrien stated growth in and of itself is not a bad thing; it must be well thought out and planned; the feelings toward the unmanaged growth are quite evident; and there are not two or three days that go by without a citizen writing into FLORIDA Today and saying what their feelings are about the impact of growth across the County.  She stated it is a negative thing and something needs to be done; it is time to reign in the unmanaged growth; and giving people the right to vote on voluntary annexations will give everybody, whether they live in the city or the County, the right to vote on those annexations that are occurring across Brevard County .  She stated the registered voters who live near proposed annexations will finally be given the right to vote on annexations instead of leaving all the decisions up to developers who will only too happily pave over the entire County; and once the right to vote is given to the people of Brevard County, the cost to run those programs will be relatively small compared to the amount of impact that the Board is seeing in the County to pay for roads and infrastructure changes that are being swept on to it by the cities.  Ms. Therrien requested the Board to approve the voluntary annexation Charter Amendment so that people have a voice in what is happening across the County.  She stated if they wanted to live in Broward County , they would have moved there; and requested the Board take action before it is too late for Brevard County and give the people the right to vote.

 

William “Tuck” Ferrell of Indian Harbour Beach, representing Ferrell Ranches, stated he does not know how many people knew about this meeting today, but he just found out about it yesterday afternoon; he knows a few small property owners who knew about it other than a lot of people who seem to have been notified; he does not know if it was in the paper or how people were notified, but he did not know anything about it; and a lot of people he knows could not be here because they did not know anything about it.  He stated he talked to some on the phone and they were going to try and change everything, but it was difficult; this is a big decision; and it has come up very quickly.  He stated he does not think the Charter Amendment is the right way to go about what the Board is trying to do; it takes away a lot of freedoms and flexibility he likes to have as a property owner; it smacks of property rights; and as a landowner and rancher, he has real concerns about this situation.  He stated he was trying to find out about this situation in Palm Beach County because they have another ranch down there that borders the City; but he has not heard that it has really been implemented and is going to  try and find out a little more about it.  He noted he does not know of any place in Florida where this is being done; it seems to be unfair to remove the landowner from the vote; it sounds like making someone do a mini-DRI; and he does not know what it is going to cost.  He stated being a landowner, he does not know if he wants to annex into a city or stay in the County; it looks like it could cost a substantial amount of money; and he does not know who will pay to take it to the voters.  Mr. Ferrell stated there are a lot of questions; it does not look like a question of voluntary annexation; it looks like they have a new means of regulating property development; and he is concerned that the cost could be between $50 and $500,000.  He stated he does not know how the Board is going to handle the balloting and how it is going to be fair; he can see where people can vote to have a landowner’s property be a park; and inquired how is the County going to get utilities to the outlying areas that do not have utilities.  He stated the County will have to go into the utility business in a big way if people are not able to get utility services.  He inquired what is a property owner going to do if he has bad water with too much iron or salt and needs to annex into a city.  He stated there are just a lot of questions they need to deal with; he does not know what it is going to take for a landowner to meet the thresholds; there is a whole litany of things that have to be done before someone can annex property; and there are studies that have to be done, which are going to be tremendously expensive, so the burden on a small landowner could be huge.  He stated the catch-22 is water and sewer, which the County does not have; they have it in Viera, but not in many other places; it will inhibit other places and how they are going to grow; and the amendment has a lot of gray areas and will be subject to a lot of litigation and problems.  Mr. Ferrell stated it is an attempt at boundary control, but it is going to be an unworkable nightmare; looking over the amendment, he saw a lot of things; it takes away a bundle of rights that are granted to citizens; and he dose not think it creates freedom.  He stated there is no freedom to choose; the County and cities need to come to some resolution and do this in a different way rather than putting layers of government and burdens upon property owners they never envisioned; and he does not think it was envisioned in the Constitution.  He stated it goes beyond what the planners of the Constitution envisioned for people to own property; and it takes away a bundle of rights.  He stated the County will be denying utilities for some people in no-man’s land; and it is a scary situation because the vote will be made by a very small group of people and the landowner will not have a choice.

 

Commissioner Voltz advised Bob Willmar, Mayor of West Melbourne, asked her to read a very short note, which says, “This amendment as stated is like using a cannon to kill a mosquito.  It works, but the collateral damage may be expensive.  Please send it to the Coalition for further study and refinement.  There are very real problems that have to be solved.  It can be accomplished by working together, but the amendment is not the way to do it.”

 

Lee Feldman, City Manager of Palm Bay, stated Mr. Willmar echoes what he wanted to say about the Growth Management Coalition.  He stated at the conflict resolution meeting they had in Palm Bay, the Board talked about referring the EMS issue to the Coalition; that is not where the EMS issue belongs; but that is where this issue belongs.  He stated the Board needs to recognize that cities have citizens too and they are its citizens as well; they do care about quality of life and are concerned that the Board thinks it has a monopoly on good smart growth, but it does not because the cities know how to grow smartly also.  He stated the Board needs to take time to look at the amendment and study it; but more importantly, it needs to look at Chapter 75-339 of the Florida Statutes, which says, “any adjustment to the municipal boundaries of any municipality in Brevard County shall conform to the procedures established by General Law."

 

Jack Schluckebier, City Manager of Melbourne, stated he will refer to Webster, 2nd Edition, and the definition of draconian named after Judge Draco, an Athenian lawgiver of the 7th Century before Christ; and noted this measure needs that definition, which he is not going to read.  He stated it is harsh in every extreme; the Board has been told that it comports to Palm Beach and its situation; and he can tell the Board in fact it has provisions in it that have not been seen in Florida.  He stated it is his opinion, although he is not an attorney, but has looked at annexations across the State, that this will not stand; it has provisions that violate the dual subject; and the Board is about to get into areas that have nothing to do with voluntary annexation when it starts scheduling votes among non-affected voters and when it starts creating the opportunity for a non-appealable voting district.  He stated some people consider that concept to be akin to gerrymandering; Palm Beach County did do something smart; it said when it has agreements on urban services, it uses those agreements; but this amendment does not do that; and it takes a one-size sledgehammer approach to voluntary annexation.  He stated it is a bad public policy; and requested the Board not do it.

 

 

Chairman Pritchard stated he has questions he would like to bounce off the County Attorney ; and inquired how does involuntary annexation work.  County Attorney Scott Knox advised assuming a person owns the property that qualifies for voluntary annexation and it is contiguous and meets all the requirements of Chapter 171, he would walk into the city and make an application; and the city would pass an ordinance saying he is in and it agrees with it.  Chairman Pritchard inquired what about involuntary annexation; with Mr. Knox responding it requires some of the same things the Board sees in the amendment in a sense that it requires a report from the city.  Mr. Knox stated they have a difference of opinion whether or not it requires the land to be improved for urban purposes; the City of Cocoa does not think it does, but he thinks it does; and that will be borne out at the end.  He stated there are certain thresholds and criteria in Florida Statutes that they have to meet to qualify for involuntary annexation as well.  Chairman Pritchard stated the reason he is asking is with involuntary annexation, the people who live in the area have an opportunity to vote, and the people who live outside the area have no opportunity to vote.  He stated he is trying to qualify something; and  inquired if the Board passes this resolution and it goes to the voters and they pass it, what would keep the property owner from deciding it is going to be an involuntary annexation.  Mr. Knox stated it depends on what kind of property owner he is; and if he owns 1,000 acres of vacant land it wants to go into a city, he has an issue of whether the Florida Statutes allow him to do that because it is vacant land.  Chairman Pritchard stated if he builds a house or two, he may be able to do it so it could be considered involuntary annexation and the municipality could then go about doing an involuntary annexation.  He stated there is a potential for that to exist; with voluntary annexation, a developer could come to the ballot and say he is going to put one house on 300 acres; the public could vote in favor of the annexation for one house on 300 acres assuming that would be considered as part of the ballot language; then the developer could change his mind; and inquired to what end does the public have a say in what is going to happen to that property.  Mr. Knox stated the scenario posed is an interesting one in that Chairman Pritchard is saying there is a loophole in the proposal for the developer to say he is going to annex into the city and keep the same land use and zoning density the County provides but will change his mind a year later; that may or may not be a possibility; and there are other avenues that provide relief from those circumstances.  Commissioner Carlson inquired what other avenues; with Mr. Knox responding the Board is currently involve in litigation with the City of Cocoa , and property owners that abut those areas sometimes have standing to raise those issues.

 

Commissioner Carlson stated Growth Management Bill 360 talks about urban service areas that cities and the County are all going to have to define along with having a vision in place to qualify for transportation dollars; she looked over how the Board is approaching this issue and thinks the people need to vote; and the Board is the best one to administer that because it represents both city and County residents.  She stated one thing that is of critical importance is how they are going to prescribe the urban service areas in some universal way with the cities and County lining up and potentially lining up with the region, so they can all protect natural areas, etc.  She stated it is very difficult to define urban service areas if the point the Board is trying to define is always moving; that is what the Board is dealing with right now with voluntary annexation; and tomorrow the Board would not know if growth management will be the things it was yesterday. 

 

 

Commissioner Carlson stated Jim Egan said it well when he talked about predictability and the whole issue of annexation that alters the best intentions of growth management; unfortunately, the Board has seen 20 years of that; and good growth management and planning are going to provide the predictability that citizens want.  Commissioner Carlson stated that is why there is such a fervor in the paper and everywhere else that there is no control of growth; in her District the Viera DRI is going to create the most growth in the County, but it is a planned community and was always anticipated as a planned community; if everything was kept equal and nothing else developed around it, it probably would be a great thing; but everything else is developing around it, so it appears it is where all the problems are coming from, but in essence they are actually growing with a plan.  She stated she has a lot of concerns, but some of the concerns the cities brought up she takes issue with; intentions are one thing, but speaking from her perspective of being on the Board as long as she has, the Board has done two smart things as far as growth management; the cities did not do any of those things; so many developers go to the cities because the cities do not have certain requirements.  She stated one is the Wetlands Ordinance, which said no wetlands are going to be destroyed on industrial and commercial properties; and the other is school capacity, where the Board would not increase density when there is a school capacity issue.  She stated those are two major concerns the Board thought the community was interested in, but it had no cities that followed its lead.  Commissioner Carlson stated she worked with the City of Melbourne on and off for many years; it was one of the first to do a JPA, which she felt was the answer; they have to have a common future land use; and that is what the County's Comprehensive Plan laid out; but the Board did not do that, and that was part of the problem.   She stated a specific example is that the City of Melbourne annexed commercial property on Wickham Road, which incorporated an area that was wetlands; because the City does not have the same restrictions the County has in its Comprehensive Plan, those wetlands that the Deer Lake residents figured would be an amenity to their development will now be commercialized because the City can go to the St. Johns River Water Management District, and the District will mitigate the property; so the residents will no longer see the wetland areas on Wickham Road as a buffer because they will be commercial.  She stated that is a small example, but those examples occur throughout the community; one of the other things she knows the City argued was streamlining the process, which is incorporated in the language for those non-contested smaller pieces of property; and the appeal process is supposed to give people who do not have a right to vote and are not being represented, the right to vote.  She stated if the Board defines the area of impact in such a way that it takes in all interests, she would not think an appeal process would be necessary; and inquired why would the Board want to go against those people it feels should have a say.  She stated the public is smart enough to realize if something is going to impact them or not; what she sees in this issue is an attempt by the Board to communicate with the cities to say they all need to be on the same playground if they are going to control growth, not stop it; and there comes a point where they try and try and it does not work.  She stated she is a huge advocate for smart growth and JPA’s, but she has seen them work and not work; if the cities are not forced to do anything and the County is not forced to do anything, nothing will happen; so this is a way of coming together and having everybody on the same page when it comes to growth management and 

 

stopping the clock or slowing it down a little to execute what the Growth Management Bill is telling them to do for the good of the entire community; otherwise they do not get transportation dollars; and that to her is a real concern across all boundaries.

 

Commissioner Scarborough stated it would be nice to believe they can come together and solve all kinds of problems, but it may be structurally impossible; he served as Mayor of Titusville for eight years and has the ability to draw on that perspective; a city rarely views itself as anything more than within the confines of its incorporated boundaries; and he will give some perspectives.  He stated he has a developer saying how can he develop in Mims; another problem is the most major dramatic changes in the area; further making it complex are the County residents who are really put at a loss; and the Chairman and he saw that when they went to a church in Canaveral Groves and 800 to 1,000 people were there and they were the last voice heard, so they are filing lawsuits at the last moment.  He stated it is not the way the process should work; the city, if it wants to move in that direction, should have some capacity to get involved in the County’s Comprehensive Plan surrounding the city; they must have a joint planning process not to the zoning but to the overall future use of the Comprehensive Plan; and they must be able to buy off and do some long-range planning and see themselves as a part of that.  Commissioner Scarborough stated it has been commented that maybe the Board is favoring the disenfranchised, who are those persons in the County who have not been able to visit the issue except to come to the Board, and the Board having only the opportunity to file lawsuits and have staff become actively involved in analyzing the issues; but the ability to do any more than to prepare evidence for lawsuits is limited.  He stated for this Charter amendment to pass, it has to pass in both the incorporated and unincorporated areas; it is incumbent upon the Board, which collects taxes in the cities and the County voted upon by the people in the cities and the County, to determine the area that would vote on each particular annexation; and that area is not exclusive to the County residents.  He stated if they mix the whole thing together, it is conceivable, if it is in the greater interest of that larger community that is impacted, that the County residents could be outvoted in November when this goes on the ballot; so it is not a matter of excluding residents of municipalities from their rights to participate because it allows them to vote and is totally inclusive.  He stated it is also not necessary to have a referendum if adjacent residents are not adversely affected.

 

Commissioner Voltz stated she would like to see a Countywide Comprehensive Plan and not the cities having their own and the County having its own because as parcels are annexed into cities, densities and other issues change; so a Countywide Comprehensive Plan is a tremendous idea.  She stated someone mentioned the Board is trying to control growth; it is trying to manage growth not control it; it is not government’s responsibility to control it; but it is the Board’s responsibility to manage growth.  She stated it is only when it manages growth properly that it can determine what the community will look like.  She stated a number of people from her District are here because of annexation by the City of Palm Bay that is going on in the south end of the County; that is why she is working on a master plan for the area so they can stop those annexations and work with the cities; and then citizens would have a say in what their community would look like 50 years from now and that it does not look like Broward, Dade, or Palm Beach Counties.   Commissioner Voltz stated there are two things in the amendment she does not support; she does not like the Board having exclusive authority to determine the boundaries of the area where registered electors affected by a proposed voluntary annexation ordinance reside; she does not think the citizens get to vote because it is determined by the Board who gets to vote in what areas; and all the citizens around the property proposed for annexation may not get an opportunity to vote.  She stated she does not know how they can really define a affected area when it comes to large parcels; they can probably do it for smaller parcels; but a large parcel may be difficult to do and very expensive.  She stated the Board does not know if the cities are going to be required to pay or whether the County is going to pay and how much it is going to cost for the referenda; and it is truly bigger government at its best.  She stated the other thing she sees as a major problem is Section 9.3 that says, “The County Commission determination of the boundaries where registered electors affected by the annexation reside shall be final, conclusive, and not subject to appeal”; that takes away everybody’s rights; someone mentioned where is the due process; and there is no due process in that whatsoever.  She stated she is working towards a master plan so that the development is determined by the residents who live there and are truly affected by any development that would go in; everybody is going to have a say, not just those determined by the Board; everybody in the south part of the County should have a say on what goes on; and therefore she is not going to support this amendment.  She stated there is so much the Board does not know and so many people said so many things; she agrees with them on both sides as they had really good issues; but if the Board is talking about intergovernmental coordination and working with the cities, it can totally forget it if this amendment happens because the cities are not going to want to work with the County in any way, shape, or form; and that is not the way to do business.  She stated they need to work together to make sure they are all on the same page because it is important that they are all on the same page and they do not fight with one another; the amendment is going to put a huge wedge between the Board and the cities; maybe this Board will do the right thing, but maybe the next one will not; and it may gerrymander who is going to vote on what parcels.  She noted that is always a possibility; it says the County Commission has exclusive right to determine who is going to vote; and that is going to be a problem because if someone is outside that boundary, that person is going to be mighty upset; so she is not going to support that, but supports the concept of stopping annexations and working with the cities and residents to determine what their community will look like.

 

Commissioner Colon stated one thing that is pretty interesting about this is, when they first started discussing it, she did not think the Charter amendment had any teeth; and she felt it was a feel good referendum the Board would put to the community, and it will still have Department of Community Affairs come back and undermine it, until the phone calls started coming in from municipalities.  She stated they wanted to meet with her and started to get worried; that is when she knew that it was serious and had some teeth; and one of the things said to her by some elected officials was it is a shame that there are some municipalities that messed it up for the rest of them; and they were comments from some of those who sit on the League of Cities and felt there were some cities that have a wonderful JPA such as the City of Melbourne.  She stated the City of Melbourne went out and had the citizens vote; they came back and said yes; that was something they already put to the test and it was very positive; and this is pretty much the same concept.  Commissioner Colon stated there is a lot of tweaking that needs to be done with the amendment because there are some areas where there are just a few parcels, so the Board has to determine how many parcels it is talking about or is it going to have the community vote every time there is an acre proposed to be annexed.  She stated they have to have common sense on how they are going to do it and what acreage they are going to cap it at; she sat on both sides as a council member for the City of Palm Bay for five years and as a Commissioner for five years; so she has a good concept from both sides.  She stated a lot of people mentioned the summit; that was something she initiated, not the Board, for the simple fact that, coming from the municipality, she felt the problem was a lack of communication; they got a lot of information at the summit; last August she told the Board she had a small window of opportunity in the south part of the County in regards to determining how the future of the community was going to look; she kept telling them how growth was happening so fast; ever since that discussion, they have had at least four applicants from her District in regards to zoning come before the Board; and one thing she mentioned to the Board was she needed a small area study because she needed to see what the area was going to look like.  She stated what has been allowed to rezone is 2.5 acres, which still keeps the integrity of the community intact; and that is the key, not where there is a bit of arrogance by one person, the Board, or a city council, to say it does not matter what they have to say they are going to do it no matter what anyone has to say.  She stated she said the area is 2.5 acres, but they want zero lot line and as much as they can squeeze out of the land for profit; she does not care what municipality is taking over; that is not the problem; and it is the density that is the problem.  Commissioner Colon stated she never thought it would get to the point where they have elected officials from municipalities before the Board trying to say can they all get along; this is the first time they have had serious discussion and listening to one another; she does not want to hurt the municipalities and wants them to grow; and the south part of the County has an opportunity to grow and plan it in regards to Palm Bay, which never had an opportunity to do serious planning, then turn around and ask how do they want the future of their community to look like.  She stated she met with Mr. Feldman and put together staff from the municipality and County to figure out where the schools and fire stations were going, who is going to pay for the roads, etc.; those were serious discussions; people were thinking it would not work, but it did; and they had good communication.  She stated it still comes back to density; when the Board tells the cities it wants them to succeed and do well, they do not believe it, but not the City of Palm Bay, which she has a good working relationship with; but when they met with Cocoa, she was trying to explain to Cocoa they do not mind if they annex, but to make sure that the density is the same as the folks have in the unincorporated areas.  She stated people in the unincorporated areas do not have a mayor to go to; in Merritt Island their Mayor is Commissioner Ron Pritchard; a lot of people do not understand what Commissioners do; and in District 5, they go to her to fix the potholes, put up lights, make sure there are services available, etc.  She stated the citizens have gone to the City Council and the Council said that is nice but they have to move forward, so the people do not had a voice; but this item is about density.  She stated if they could spell out how the Comprehensive Plan of Brevard County looks like in JPA’s, they would not have this problem; but it is unfortunate because they are not going to get there; she was hoping they would get there after years of bringing all of them together and trying to see what they can get done; it seems this is the first time the Board has the attention of the cities; and she spoke to people in the South, Central, and North part of the County and found out it is about density.  Commissioner Colon stated an attorney for a developer came to her and said they are able to build 6,000 units in her District, and if she does not play ball, he is going to the municipality and will be able to build 9,000 units; she shared that with some of the cities and brought to the Board who said it and when it happened; that is pure arrogance; and she called the city and asked if it was true that it would do that and undermine the Board and citizens who have 2.5 acre lots; but she does not know who is telling the truth.  She stated she shares all of that so those who are at home not having a clue what this is about realize that the Florida TODAY is always attacking the County Commission for the growth that is going on.  She stated they were trying to explain that a lot of permits are coming from municipalities and not the County; and they were able to prove those numbers; and having said all that so everybody would be up to par on that issue, she thinks if they put the resolution to the ballot, it would be a good thing.  She stated they need to allow the citizens to vote on how they want their community to be; but she has a problem with the wording and thinks it needs to have a lot of  tweaking.  She stated if they have a subdivision with 2.5-acre lots, the Board approved, in order to get water and sewer service, they need to be annexed into the neighboring city, but it is the right kind of zoning; and they should be allowed to get water and sewer.  She stated there are citizens who do not want that subdivision no matter what, even if it is 2.5-acre lots and will vote it down; but the Board knows that it is the right thing for the community because it is compatible; so if it approve this kind of wording, they would not allow that subdivision to get water and sewer and instead would have septic tanks; and she does not want to tie the hands of the County and municipalities.  She stated as environmental protectors, the Board has to consider if it is going to allow hundreds of septic tanks because it is not going to allow water and sewer service; that is an example of something that concerns her; so they should go forward and put it to the residents to vote on.  She stated there is a lot of tweaking that needs to be done before they send it forward or it would be shooting itself in the foot if the wording is not correct and the injustice will be on the citizens who live in those areas.  She stated the Board needs to know from A to Z exactly what has been handed to it today. 

 

Commissioner Scarborough stated the Board does not want to get into people voting on things that are perfectly okay; Mr. Knox heard the conversations; and the Board can ask Mr. Knox to bring back revisions that if it is essentially compatible and does not show profound impacts on the surrounding properties or if it is a small thing, the comments can be incorporated in the decision without a vote or something of that nature.  He stated if the Board has three people who are interested and they come to all the meetings, it would not be really complex; and Mr. Knox can put language options in there and bring it back.  Commissioner Carlson inquired if Policy 9.2.5 addresses that or is Commissioner Scarborough talking about global language that says if it meets certain criteria.  Mr. Knox stated the provision would not apply to the area that did not have affected registered electors; so if there are no affected registered electors, it may be better to flush that out.  Commissioner Scarborough stated he thinks that is the desire of a number of people who spoke.  Commissioner Carlson stated that could come from the Future Land Use Element and various things to make sure they are all compatible.  Commissioner Scarborough stated if the Board is going to determine the boundaries of who is going to vote, he thinks in doing that, it could have the concept that if it is deminimus in its impact, it does not need a vote.  He stated it could say, deminimus impact either because of compatibility or size, the Board may make the decision; and he will make a motion if everybody is agreeable with that.

 

Chairman Pritchard stated he has not had a chance to comment yet.  He stated he does not take modifying the Charter lightly; he looks at it as the County’s version of the State’s Constitution; and he does not think pregnant pigs should be on the ballot or some of the other abuses that have occurred in the State Constitution.  He stated this is an opportunity that could always exist for the County Charter ; it takes four of the five Commissioners to put it on the ballot; and it will cost $480,000 to put it on the ballot to see if it will pass.  He stated November 8 is when the municipal elections will be held; he thinks November 1 was a scrivener’s error; and if it puts an issue on the ballot on November 8, it will pay the freight for the entire election at $480,000.  He stated currently there are four polling places that are not available; he does not know what they might be able to do to get those four polling places; but there is another avenue to put it on the ballot, and that is with signatures of 5% of the electors qualified to vote in an election.  He stated the Growth Management Coalition was mentioned by several people; and inquired what is the purpose of having the coalition if the Board takes action that stops the initiative it may have towards resolving the problems that the County faces.  He stated if anything, the cities realize the County has rattled its saber; the issue is density; he said it many times, but Commissioner Colon said it more times today than he has in all the articles he has written; and they need to decide, the cities and County, how many and where.  He stated they can look at their Comprehensive Plans and add them up to find out how many people they are going to put and where they are going to put them; he used Palm Bay as an example; it will build out at 300,000 within its existing corporate boundaries; and if they added up all the numbers in the Comprehensive Plans, they would be shocked to find they are exceeding 5 million people in the County.  Chairman Pritchard stated Broward County is half the size with three times the population; Brevard County has an opportunity to keep Brevard as Brevard and the reason people chose to move here; and he understands the frustration, apprehension, and anxiety of the surrounding unincorporated communities of areas that are going to be annexed, but he does not see how this amendment is going to solve that problem because there is room for adjustment.  He stated a landowner could build three or four houses and approach it as involuntary annexation; the municipal voter will always outnumber the affected County voter; and they could vote every time.  He stated the costs involved with every election would be considerable; he does not know what the cost per precinct would be, but there are 140 polling places and 220 precincts; and at $480,000 for the election, people can do the match to roughly get the cost per precinct in order for an election to take place.  He stated the problem is the unintended consequence of the County’s Comprehensive Plan; the County created its Comprehensive Plan in the late 1980’s and through the mid 1990’s it was pretty much a way to say no; and the development community has discovered Brevard County and the way to get around it is to go to the municipalities.  He stated unless the Board gets the municipalities to say no in the same fashion or work out something amicably between them, it is always going to have this problem; and that is the problem they need to correct.  Chairman Pritchard stated it was his hope that the Coalition would be charged with the feeling of responsibility to get the cities and County to develop a Countywide Comprehensive Plan so that they would know what would go where and when it will happen; they have a choice; the County can either operate as it has been and become built out to something it does not want in 20 to 25 years, or it can take more responsible action and by using density figures, literally build out on paper within the next few years and through the proper approach to planning and construction, build to that plan.  He stated there are one of two ways it can be affected; (1) that the County change, or (2) the cities change; he thinks they both can change and have to change; that is a great concern on the part of the citizenry that the County is getting too big, too fast, and too soon; it does not have the infrastructure to support it; and in fact, that is part of the Governor’s Growth Management bill to insure infrastructure is in place within three years after the development begins.  He stated there is recognition; when he traveled the southern part of the State in June, the issues were everywhere he went; every newspaper he read talked about the same things; and if he did not know better, he would have thought he was reading the Florida TODAY.  He stated the citizenry is complaining about the traffic, construction, and infrastructure everywhere; one of the folks mentioned sending it to the Charter Review Commission, but he does not think they need to  convene that Commission to hear this issue because it would turn it down.  He stated the Charter Review Commission took that action with other issues that came before it that were similar; so it would probably do the same with this issue.  He stated he said to the municipalities that the County has rattled is saber, but he will not support putting the amendment on the ballot, which takes four votes to do.  He stated he believes Commissioner Voltz will not support it; and suggested postponing it for a year to see what is going to happen, and what the Coalition can produce, what the cities and County can produce in terms of density, what they can do in terms of working to insure that they do not have a heavy-handed approach, and that they not encourage developers to start playing “let’s make a deal”.   He stated as Commissioners Voltz and Colon have been doing in South Brevard, he has initiated small area studies in North Merritt Island; two are underway and there are four pending; and they all involve the citizenry to insure they get the quality of life they would like, so it is a question of fairness.  He requested they not be heavy-handed, not take zoning that might be one unit per acre and make it four units per acre with zero lot lines because the infrastructure cannot handle it and people do not want it; and if they are in the mood for getting beeped at when lights turn green or having people wave with only one finger while driving down the road, then they need to move south, and I-95 is to the west.  He requested they not make Brevard County that way.  

 

Commissioner Carlson stated the amendment may have some flaws and unintended consequences, but Commissioner Scarborough, Commissioner Colon, and she feel they have a pretty good handle on what needs to happen; and that is cooperation.  She stated it is good to have some cooperation, but it is bad when everybody does not cooperate; and that is what they have been seeing.  She stated in order to insure financial feasibility in anything they do in the County that affects the entire County and cities, they have to shore up the budget and the CIP; and she understands the CIP is going to come back a lot leaner than it was because most of the 

projects in it were not financially feasible.  Commissioner Carlson stated by allowing things to progress as they have been, hoping that Commissioners Colon and Voltz can manage to get the development community and cities to agree on whatever master plan they are doing in South Brevard, and that it can all come out as nice as Commissioner Pritchard wants to see it, and everybody loves everybody, is not going to happen; it is going to continue the way it has been continuing; and the folks in every Commission District who have been disenfranchised will continue to be disenfranchised.  She stated she does not take an amendment to the Charter any less seriously than Chairman Pritchard does nor does anyone else on the Board; but the amendment is to give the people the right to vote; and she does not understand what everyone is afraid of when they talk about what the Constitution is based on.

 

Commissioner Colon stated she has been given the task, since she is on the Commission, to solve the problems of the world; so she would like to ask Mr. Woodard, since he is the President of the League of Cities, a few questions.  She stated one of the things they had talked about at the Task Force meeting was the fact that there is a great need for joint planning agreements; and that is supposed to be on its agenda.  She stated as Mr. Woodard heard today, a super majority of the Board decides if it is going on the ballot; obviously it is not going to  go there; and the Chairman has suggested a year for Mr. Woodard, her, and everyone on the Task Force to be able to put something concrete together.  She stated it is a blessing in disguise because now they almost have leverage; there was not any of that before; and Mr. Woodard has to agree with her that when they annex something, they decide what the zoning is going to be and so forth.  She stated now they have been tasked with making it happen sooner than later in regards to JPA’s; she is up for the challenge; and they have to make sure they are able to deliver.  She stated they talked about some things in the Comprehensive Plan; it is an example to the municipalities that are eager to expand; and they have to get to the point where they have to ask when enough is enough and how far do they want to go south, west, etc.  She stated they have to get to the nitty-gritty of it, the boundaries and so forth; and inquired if Mr. Woodard agrees with her on that.

 

Mr. Woodard stated he agrees they need to have a visioning process and the County and municipalities need to work together to create that total vision of what the County will look like in the future; and he does not have a problem with that.  He stated it took two years to define what smart growth is; that definition they have for smart growth is an excellent one if given the opportunity for the cities and County to adopt it and follow it; and JPA’s are an excellent idea, but they need to work together to accomplish those things.  He stated they have a task in front of them; they defined the task; one of the comments they made during that Coalition was let them see what the State does; and the State basically came down with three levels of concurrency.  He stated they need to work together on a total vision of what the County and cities can do in joint planning; density is a big issue; and the cities believe the Coalition would have been the proper venue to take this to first, or at least give the cities some advance warning that it was coming down the road so they could address it at that level.  He stated he would be happy, as would the rest of the municipalities, to work with the County, but he takes some exception to the fact that now the Board has the Cities' attention.  He stated the Charter review process got their attention; that is when they came up with the idea of growth management Coalition to come together and start discussing these types of issues; so they look forward to that and welcome it.

 

Commissioner Colon stated the reason she is asking is because if she has a community where folks have two acres and saved all their money to move out to an area where it is going to be the kind of lifestyle they want, then they may have infringement of a municipality.  She stated she knows the cities need the tax base; she wants them to do well; but it is like the communication is not there when the County is saying do not affect the unincorporated areas.  She stated they are coming in with a density that is higher; it was like they will just go to court; and inquired what does the Board do with that kind of scenario and what does she do with a scenario like that in Grant where the citizens have 2.5 to 5 acres and are petrified of the City of Palm Bay coming in and having 80x125-foot lots.  She stated she has tried to explain to the folks that the City of Palm Bay even tried to replat it and does not want 80x125-foot lots; and it wants 1, 1.5, and 2-acre lots.

 

Mr. Woodard stated he was elected President of the Space Coast League of Cities; he cannot speak for any municipality on the League; and all he can speak to is the concept that they as a group can adopt and through the Coalition can adopt.  He stated they need to encourage municipalities to work together with the County through joint planning agreements and the visioning process concepts, but he cannot speak on behalf of Cocoa . He stated Cocoa has a representative on the Coalition.  He noted he realizes the task that is in front of them to do; and they are up for the opportunity to do that.

 

Commissioner Colon stated she does not think they have a choice because it would have taken the super majority of the Board, so they need to go to the drawing board.  She stated she will be more than happy to do that; but she knows there needs to be a time line; and if in June 2006 they are not there, the Board owes it to the citizens to take action.  She stated it would make them accountable and the municipalities accountable.  Mr. Woodard stated that is absolutely right, and they are accountable and it will take all of them working together to reach that accountability level that they need to reach to get the results that the Board wants; so all he can speak to is on behalf of himself; he will commit to that; he was committed to do that way before this item showed up on the scene; and that is why he attended those meetings.  He stated it is important to bring them all together as a group and open up communication lines; it does not take this amendment to get to there; they were heading in that direction; and in fact, annexation was the issue brought up initially by that group to address.  He stated he will support the Board coming together with a decision they all can be happy with.

 

Commissioner Voltz stated Commissioner Carlson mentioned something about no cooperation; if this item had gone on the ballot, the cities would not have been cooperating with the County at all; and probably in a short amount of time anybody who wanted to annex would be running to the cities.  She stated Commissioner Carlson also asked what are they afraid of; and she will her what she is afraid of, that a different Board will ignore the will of the voters when it comes to who is going to vote on some of the issues.  She stated they are working on a master plan in South Brevard; Brevard Tomorrow is going to moderate the meeting tomorrow; they are going to be the facilitators; they have an excellent growth management program; they really know what they are doing; and they will be a very big help with the meeting tomorrow at Barefoot Bay, in Building A, at 1:00 p.m.  She requested anyone living in South Brevard attend the meeting.

 

Chairman Pritchard stated Commissioner Carlson mentioned the budget and CIP; the Board has a budget workshop on Thursday; and it has been alleged the County has a windfall in ad valorem taxes and new construction fees; so he would be interested in seeing what that windfall is as well as what the County’s efforts have been to reduce programs that are unnecessary and eliminate other associated costs to come up with a dollar amount and see how they can apply that dollar amount toward infrastructure needs.  Commissioner Colon mentioned a year, which is absolutely correct; and advised Pat Woodard that what he did not want to see is a Coalition that is going to spend a couple of months deciding what the rules are going to be, and two or three months deciding whether they are going to meet on Tuesday.  He stated he wants to see some action; as a firefighter for 27 years, when the bells rang, they went to put out the fire; and that is what the Coalition is charged with.  He stated the County has rattled its saber and has said that today by a vote of three to two that it is not going to happen; but next year it could be four to one.  He stated the Board has the Coalition; the Growth Management Act needs to be evaluated; there are issues with growth within the County; and the citizenry is extremely concerned about the growth in the County.  He stated the Board wants to insure that what it ends up with is what they came here for, not something that they are going to be moving forward; he is not interested in feel good solutions and is interested in responsible programs that get the job done; and this amendment is not going to do it.  He stated as partners, the cities and County are going to do it. 

 

Commissioner Carlson stated that is a fine plan; she would like to get the County Attorney’s perspective on the new Growth Management Act amendments and see if the Task Force can deal with urban service areas before the Board pins that stuff down in a very small window because the dollars are going to be there at the end of September; and Department of Transportation is going to be finding where those dollars are going to go.  She stated if the County does not have its ducks in a row, it is going to lose out on the dollars for transportation; Brevard Tomorrow has done a lot to create a vision; and they need to look at that because one of the things that is defined in the amendments to the Growth Management Act is that the community has to have a vision and service boundaries before they get to go forward.  She stated that is a pretty tall order to get through in such a short time, so they are on a hot seat right now; and they need to get some of that in front of the Task Force to look at all the items.  She stated she does not know how long it would take to put together a legal opinion as far as what the new Growth Management amendments are going to mean to Brevard County legally; that will be a good starting point; obviously it will not come on Monday; but they need to be addressed inclusive to what they are dealing with now.

 

Commissioner Colon inquired how many cities have joint planning agreements; with County Manager Peggy Busacca responding Rockledge, Melbourne, and Palm Shores, and Titusville is about to have one, so that is three out of 15 cities or four with Titusville.  Commissioner Colon stated that would be five with Palm Bay , which is being worked with the City Manager.  Commissioner Colon stated the Board has not stopped anything, any city that is going to continue to get applications for annexations is able to go back to business as usual; and she is trying to get an understanding from the cities that hopefully it is not business as usual.  She stated for those city council members who called her and said there are certain cities that messed it up for all of them, they could go back to the cities and ask that they hit the brakes on annexations because it is their community also.  She stated out of 15 cities, only three have JPA’s, which is not good; they have things on zoning that are coming before the Board; there are applications being taken right now by cities for more annexations; so she is asking the cities what does that mean.  She stated when they do meet she will be able to immediately go back and tell the Board it is business as usual because all that meeting and all those people speaking did nothing because they still want to be able to have high density; and she wants to say that because if they truly want to have those kinds of discussions, that means everybody needs to leave today including her with that kind of spirit.  She stated if it is not in good faith, then she hopes that everybody who came here in support of the amendment will make the Board want to do it.  She stated she has things on the Agenda Thursday with density questions; so it might stop here, but they are still out there adding more to the growth of Brevard County .

 

 

* Assistant County Attorney Eden Bentley’s presence and County Attorney Scott Knox’s absence were noted at this time.

 

 

Commissioner Carlson stated perhaps part of the solution moving forward is to put together a letter from the Chairman indicating the issues and seeing if they have any volunteers out there in the cities that do not have JPA’s, to slow voluntary annexations with large parcels of property until they can get a handle on the problem.  She stated the cities obviously can say no, but it would be nice to get input from each city to see what their perspectives are, request feedback, and get dedicated cooperation in writing.  She stated she will make a motion on that.

 

Commissioner Voltz inquired what exactly is the motion; with Commissioner Carlson responding basically that the Board extend its hand saying it is interested in creating a common ground for annexations and all the purposes of growth management; the Chairman send a letter to each municipality asking them to consider a JPA if they do not have one, and if they do, to try and hold off on voluntary annexations until they have a handle on the master planning and the Task Force has an opportunity to look into the issues.  She stated she will leave it to the County Attorney , Chairman, and County Manager to sculpt the letter; and it would address the issues they talked about, and see if they can get some input from the cities and their intentions.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send letters to each municipality requesting they consider joint planning agreements with the County if they do not have one, try to hold off on any voluntary annexations until they have a handle on the master planning and the Task Force has an opportunity to review the issues, and ask the cities to provide their input and intentions.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 3:12 p.m., and reconvened at 3:25 p.m.

 

 

RESOLUTION, RE:  SETTING FORTH THE FINDINGS OF FACT AND CONCLUSIONS

 

     FOR DENIAL OF REQUEST BY FIRST EQUITY GROUP, INC., FOR ACOSTA GROVE

 

     SUBDIVISION                                                                                                                              

 

Alice Brenwald, Ethel Bryant, Leslie Hallum, Diane Ely, Laurie Zweiback, Lee Bird, Jimmie Sue Primmer, Glenda Haynes-Ceballos, Richard Ceballos, Bryan Hallum, Peggy Duarte Reichle, and Robert Lee Willis all indicated approval of the findings of fact.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution setting forth the findings of fact and conclusions for denial of the request by First Equity Group, Inc. to rezone certain property from AU to RR-1 on 430 acres located on the east side of U.S. 1.  Motion carried and ordered unanimously.  (See page                      for Resolution No. 05-167.)

 

 

*Commissioner Scarborough’s absence was noted at this time for the remainder of the meeting.

 

 

DISCUSSION, RE:  LIFEGUARD SAFETY AND RIP CURRENT SIGNS

 

 

Kevin Norton of Malabar presented a PowerPoint presentation regarding lifeguard services; and advised the Board of the lack of lifeguard protection on 12 miles of beach from south of Cocoa Beach to Indialantic, South Melbourne Beach having 15 miles of coastline without lifeguards, firefighters expected to rescue people from the currents, beaches important to tourism, and comparison with Volusia County.

 

The Board and staff discussed cost of beach patrol, seasonal and full-time lifeguards, salaries of lifeguards, ocean rescue compared with pool rescue, rip current signs at 155 public accesses, possibility of asking hotels and other private beachfront property owners to post rip current warning signs, lifeguard towers being 150 yards apart, lifeguard service at County parks, contributions by some municipalities through contracts, use of TDC dollars for lifeguards, lifeguards at Port Canaveral, no year-round lifeguard services in the County, effectiveness of the signs, training requirements, and problem of getting lifeguards each year, and changing policies.  The Board directed staff to meet with the TDC regarding the possibility of using TDC dollars to provide lifeguard towers, radios, and other infrastructure; and acknowledged that the County Attorney ’s office would explore options that may be available regarding hotels and motels contributing to or providing lifeguard services.

 

 

DISCUSSION, RE:  RIP CURRENT SIGNS ALONG ALL BREVARD BEACHES

 

Mike Fitzgerald of Melbourne Beach advised of the Supreme Court ruling allocating liability to counties and municipalities for not warning swimmers of possible rip currents at public beaches; the County installing rip current warning signs; only three miles of beach being covered with lifeguard protection leaving 69 miles uncovered; an ordinance requiring hotels, motels, condos and private residences to install rip current warning signs; obtaining signs from the State at no cost; and trial attorneys wanting to attach liability to the responsibility to warn people of rip currents.

 

Staff displayed a rip current warning sign, indicated they could add “no lifeguard on duty”  to flip signs.  The Board discussed requiring private property owners to put up warning signs, the Miami court case explained by Assistant County Attorney Shannon Wilson, duty to warn of potential nuisance, private property rights issue, asking TDC to talk to hoteliers about installing warning signs, and sovereign immunity.

 

Chairman Pritchard requested Mike Fitzgerald, Wyatt, Kevin Norton, and Shannon Wilson attend the TDC meeting to apprise the members of the need for enhanced lifeguard services and installation of rip current warning signs.   

 

 

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

 

 

 

PUBLIC HEARING, RE:  RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE

 

     EASEMENT IN REPLAT OF

PORT ST.

JOHN, UNIT 1  -  FREDERICK B. RIPPON

 

 

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility and drainage easement in Replat of Port St. John, Unit 1, as petitioned by Frederick B. Rippon.

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility and drainage easement in Replat of Port St. John, Unit 1, as petitioned by Frederick B. Rippon.  Motion carried and ordered unanimously.  (See page                       for Resolution No. 05-165.)

 

 

 

 

 

PUBLIC HEARING, RE:  RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN

 

     WOODBRIDGE AT SUNTREE, UNIT II  -  RAMON AND MARIA HERNANDEZ        

 

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility easement in Woodbridge at Suntree, Unit II, as petitioned by Ramon and Maria Hernandez.

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution vacating public utility easement in Woodbridge at Suntree, Unit II, as petitioned by Ramon and Maria Hernandez.  Motion carried and ordered unanimously.  (See page                      for Resolution No. 05-166.)

 

 

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

 

 

PUBLIC HEARING, RE:  ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD

 

     VALOREM EXEMPTION TO SPACE COAST TRUSS, INC.                                       

 

Chairman Pritchard called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Space Coast Truss, Inc.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to Space Coast Truss, Inc., Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Space Coast Truss, Inc.; and providing an effective date.  Motion carried and ordered unanimously.  (See page                            for Ordinance No. 05-28.)

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING EDUCATIONAL FACILITIES IMPACT

 

     FEE ORDINANCE                                                                                                                       

 

Chairman Pritchard called for the public hearing to consider an ordinance amending the educational facilities impact fee Ordinance.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article V, Impact Fees; amending Division 7, Educational Facilities; amending Sections 62-922, 62-923, 62-925, and 62-931 to allow for the expenditure of educational facilities impact fees on the construction of facilities utilized by Charter Schools that have been specifically created to mitigate for the educational impact created by the development of new residential units in a manner consistent with the requirements of Florida Statutes; providing for legal status; providing for severability; providing for area embraced; providing for conflicting provisions; and providing an effective date.  Motion carried and ordered unanimously.  (See page                       or Ordinance No. 05-29.)

 

 

PUBLIC HEARING, RE:  ORDINANCE ESTABLISHING MORATORIUM ON ISSUANCE OF

 

     DEVELOPMENT PERMITS FOR DRIVEWAY

PERMITS ON WICKHAM ROAD

                   

 

The Board authorized staff to re-advertise a public hearing to consider an ordinance establishing a moratorium on issuance of development permits for driveway permits on

Wickham Road

, from the intersection of Pineda Causeway south to Parkway Drive for July 19, 2005.

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING ORDINANCE NO. 95-54, EMERGENCY

 

     MEDICAL SERVICES                                                                                                                  

 

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance No. 95-54 regarding emergency medical services.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance amending Ordinance No. 95-54, Emergency Medical Services, until July 26, 2005.  Motion carried and ordered unanimously.

 

 

PUBLIC HEARING, RE:  PUBLIC COMMENTS ON 2005-10 HOME CONSORTIUM

 

     CONSOLIDATED PLAN AND 2005-06 ACTION PLAN                                                

 

 

Chairman Pritchard called for the public hearing to received public comments on the 2005-2010 HOME Consortium Consolidated Plan and 2005-2006 Action Plan.

 

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to approve the 2005-2010 Brevard County HOME Consortium Consolidated Plan and 2005-2006 Action Plan as prepared.  Motion carried and ordered unanimously.

 

 

RESOLUTION, RE:  SETTING FORTH THE FINDINGS OF FACT AND CONCLUSIONS FOR

 

     DENIAL OF REQUEST BY INDIALANTIC BEACH PLAZA, INC. TO REZONE PROPERTY

 

 

Tacy Daniel, Patricia Hobby, John McCardle, and Regina Kaufmann all of Indialantic addressed the Board regarding the resolution setting forth the findings of fact and conclusions for denial of the request by Indialantic Beach Plaza, Inc. to rezone property.

 

The Board tabled the resolution setting forth the findings of fact and conclusions for denial of request by Indialantic Beach Plaza, Inc. to rezone certain property from BU-1 to RU-2-8 to the July 14, 2005 Board of County Commissioners workshop as the first item on the agenda.

 

 

 

 

 

 

RESOLUTION OF NECESSITY, RE:  PINEDA CAUSEWAY EXTENSION AND

 

     REALIGNMENT PROJECT                                                                                

 

The Board tabled the resolution of necessity on the Pineda Causeway Extension and Realignment Project until July 26, 2005.

 

 

ACCEPTANCE OF DEED FROM JOHN C. BACARIS AND TONI M. BACARIS, RE:

 

     CONSTRUCTION OF CUL-DE-SAC ON MAY LANE IN MALABAR                           

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept a Deed from John C. and Toni M. Bacaris for right-of-way to construct a cul-de-sac on May Lane in Malabar, and waive Phase I Environmental Site Assessment requirement.  Motion carried and ordered unanimously.  (See page                  for Deed.)

 

 

ACCEPTANCE OF DEED FROM BRACKENWOOD DEVELOPERS GROUP, INC.,

 

     RE: 

BARNES BOULEVARD

WIDENING PROJECT                                       

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to accept a Deed from Brackenwood Developers Group, Inc. for the proposed

Barnes Boulevard

improvement project.  Motion carried and ordered unanimously.  (See page                   for Deed.)

 

 

ACCEPTANCE OF FORCE LINE EASEMENT FROM FRED D. BOOZER, JR., TRUSTEE,

 

     RE: 

SCHENCK DRIVE

IN ROCKLEDGE                                                                                 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to waive Phase I Environmental Assessment and title search, and accept Force Line Easement from Fred D. Boozer, Jr., Trustee, located in

Schenck Drive

in Rockledge.  Motion carried and ordered unanimously.  (See page                        for Easement.)

 

 

PERMISSION TO ADVERTISE PUBLIC HEARING, RE:  ORDINANCE AMENDING

 

     WETLANDS PROTECTION CODE                                                                               

 

R. Joshi of Melbourne and Douglas Sphar of Merritt Island addressed the Board on the proposed ordinance amending the Wetlands Protection Code.

 

The Board discussed the green light doctrine, and reviewing building permits and site plans.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize staff to advertise a public hearing to consider an ordinance amending the Wetlands Protection Code, and to take all necessary procedural steps to proceed with codifying the Board’s intent, using the February 23, 1996 date that is in the Comprehensive Plan; review Guru Investments’ building permit concurrently; and direct the County Attorney to review the green light doctrine.  Motion carried and ordered unanimously.

 

PERMISSION TO ADVERTISE PUBLIC HEARING, RE:  ORDINANCE AMENDING

 

     COASTAL SETBACK AND CONTROL LINES CODE                                     

 

 

Natural Resources Management Director Ernie Brown explained the provisions of the proposed ordinance.

 

The Board discussed emergency berms, structures on the berms, dune crossovers, and distance from the crest of the dune.

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve legislative intent and Option 1, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 62, Article XII, entitled Coastal Setback and Control Lines, and take all necessary procedural steps to codify the Board’s intent.  Motion carried and ordered unanimously. 

 

 

DISCUSSION, RE:  POROUS GROYNE EXPERIMENTAL PROJECT

 

Natural Resources Management Director Ernie Brown explained the porous groyne experimental project dealing with capturing sand in the system for beach nourishment.

 

The Board discussed the cost and funding source.

 

Mike Lipcey of Niceville, Florida , described the system.

 

The Board did not authorize or appropriate $60,000 from the General Fund to design and permit a porous groyne experimental project in the South Beaches and select an independent expert to establish success criteria and develop a test plan as required for the permit application.

 

Commissioner Voltz stated she will work with staff and Senator Mike Haridopolos concerning funding for the project and bring it back to the Board.

 

 

CONTRACT MODIFICATION AGREEMENT WITH THE VIERA COMPANY, RE: 

 

     INFRASTRUCTURE

IMPROVEMENTS FOR STADIUM PARKWAY

, PHASE 1

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Contract Modification Agreement with The Viera Company for infrastructure improvements for

Stadium Parkway

, Phase 1.  Motion carried and ordered unanimously. (See page                  for Contract Modification Agreement.)

 

 

CONTRACT FOR SALE AND PURCHASE WITH HARB BROTHERS, INC., RE:  BARNES

 

     BOULEVARD IMPROVEMENT PROJECT                                                                               

 

Transportation Engineering Director John Denninghoff advised the Contract was approved on May 10, 2005, but due to weather delays the survey was delayed; and requested the Chairman initial extension of the closing date.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Chairman to initial the revised closing date on the Contract for Sale and Purchase with Harb Brothers, Inc. extending the closing for two weeks to acquire property required for improvements to Barnes Boulevard.  Motion carried and ordered unanimously. 

 

 

CITIZEN REQUEST  -  JAMES H. THOMAS, RE:  EXEMPTION FROM EDUCATIONAL

 

     FACILITIES IMPACT FEE                                                                                               

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant an exemption from the Educational Impact Fee for James H. Thomas’ house at

125 Riverwoods Drive, Rockledge, Florida

.  Motion carried and ordered unanimously.

 

 

CITIZEN REQUEST  -  CHRISTOPHER AND COLLEEN CONNERS, RE:  EXEMPTION

 

     FROM EDUCATIONAL FACILITIES IMPACT FEE                                                       

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to grant an exemption from the Educational Impact Fee for Christopher and Colleen Conners’ house at

833 Aquarina Boulevard, Melbourne Beach, Florida

.   Motion carried and ordered unanimously.

 

 

CITIZEN REQUEST  -  JAMES HECK, RE:  SHORELINE PROTECTION BUFFER

 

     VIOLATION ON PROPERTY OFF 1 IN GRANT                                       

 

James Heck explained his situation; and the Board and staff discussed the issues.

 

The Board suggested James Heck contact County Manager Peggy Busacca concerning the shoreline protection buffer violation on property located off U.S. 1 in Grant, to set up a meeting in an attempt to resolve the issues.

 

 

CITIZEN REQUEST  -  WASIM NIAZI, RE:  AMENDMENT TO COUNTY CODE FOR

 

     PRIVATE HELIPORT                                                                                                      

 

Wasim Niazi requested the Board consider amending its Code to provide for a private heliport.

 

Chairman Pritchard stated if FAA and Dr. Niazi’s neighbors have no problems, he could bring it back and the Board would address it.

 

Planning and Zoning Director Robin Sobrino explained the Code requirements for heliports.

 

 

 

 

CITIZEN REQUEST  -  JOHN C. UZNIS, RE:  WAIVER OF RESUBMITTAL TIME FOR

 

     REZONING REQUEST                                                                                                   

 

John Uznis provided documents to the Board but not the Clerk and explained his situation and the situation with the previous owner.

 

Chairman Pritchard inquired if there is a problem; with Planning and Zoning Director Robin Sobrino responding it is a different applicant but the Code speaks to property not applicant.

 

Commissioner Carlson inquired about withdrawal of the original application; with Ms. Sobrino responding staff could bring back legislative intent to address different applicants for the same property.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to waive the six-month resubmittal time for rezoning request by John C. Uznis from BU-1 to RU-1-13 on property located east of U.S. 1, north of Brentwood Subdivision, and direct staff to come back with legislative intent to address different applicants for the same property.  Motion carried and ordered unanimously.

 

 

RESOLUTION, RE:  NAMING EMERGENCY OPERATIONS CENTER AS A BRANCH

 

     OFFICE OF THE CLERK OF COURTS DURING DECLARED STATE OF EMERGENCY

 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution naming the Emergency Operations Center as a branch office of the Clerk of the Circuit and County Courts during declared states of emergency.  Motion carried and ordered unanimously.  (See page                            for Resolution No. 05-168.)

 

 

CITIZEN REQUEST  -  JERRY MINTON, WINE STYLES AREA DIRECTOR AND

 

     DEVELOPER, RE:  WINE AND GIFT SHOP AT THE AVENUE MALL            

 

Jerry Minton advised he was told they could not have wine tasting at his wine and gift shop at The Avenue Mall.

 

Commissioner Carlson stated the County Codes are inconsistent with the Florida Statutes.  Planner Ryan Rusnak stated the County can be more restrictive, but can allow it with a CUP.  Assistant County Attorney Eden Bentley advised they need to review the Code and State laws.  Mr. Minton stated he is in a time crunch.

 

The Board directed staff to review the Florida Statutes and County Codes for consistency and provide a report to the Board.

 

 

 

 

 

 

WARRANT LISTS

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 6:09 p.m.

 

 

 

 

ATTEST:                                                                     _____________________________  __

                                                                                    RON PRITCHARD, D.P.A., CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

____________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)