MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 27, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 27, 2009 at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Peggy Busacca, and County Attorney Scott Knox.  

 

 

The Invocation was given by District 5 Commission Aide, Dave Dingley.

 

Commissioner Bolin led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the December 4, 2008 Zoning. Minutes.  Motion carried and ordered unanimously.

 

 

Commissioner Fisher read aloud a resolution recognizing Mamie L. Pittman.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt a Resolution commending Mamie L. Pittman upon her retirement for outstanding work on behalf of the citizens of Brevard County. Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin read aloud a resolution proclaiming the Brevard Literary Festival.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution encouraging its citizens to celebrate reading at the Brevard Literary Festival for participation in events during the month of February located throughout the County.  Motion carried and ordered unanimously. 

 

 

Cathy Schweinsberg, Library Services Director, gave two books to the Board by the visiting authors. 

 

 

 

Commissioner Anderson read aloud a resolution recognizing and commending Eagle Scout Andrew R. Longbons.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution recognizing and commending Andrew R. Longbons for his outstanding efforts in obtaining his Boy Scout Troop Eagle Scout Award, and offered congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin advised she would read the resolution at the event on Saturday, January 31, 2009.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution proclaiming Saturday, January 31, 2009 as Rotary Day in Brevard County, Florida.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca advised she is giving the Board a copy of a “forced” resignation letter that reads, “Under the terms of my employment contract, I am herein offering the Board of County Commissioners my forced resignation in accordance with Paragraph III.B. of my Agreement, and County separation policies relating to annual and sick leave, to be effective upon Board acceptance.”  She stated she would appreciate a motion from the Board.

 

Commissioner Bolin stated on behalf of District 4, she would like to thank Ms. Busacca for her dedication and all she has done for the Board; and she will honor her request.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept letter of forced resignation from County Manager Peggy Busacca. 

 

 

Chairman Nelson stated before a vote is taken, he would like to have a discussion about transition; and he thinks it is important to have the discussion because it may change how individuals feel about where the Board goes from here. 

 

Commissioner Bolin stated in light of Ms. Busacca’s resignation, she would like to hire former County Manager Tom Jenkins as Interim County Manager until the Board can find a permanent County Manager; and authorize the Chairman to negotiate with Mr. Jenkins for the contract to come on board immediately.

 

 

Chairman Nelson inquired if Commissioner Bolin wants to amend her motion; with Commissioner Bolin responding affirmatively.  Chairman Nelson stated the seconder to the motion would have to amend the second.  Commissioner Anderson stated he may not second the amendment to the motion.

 

Commissioner Fisher inquired if it is possible to handle the item as two separate issues; it is best if the Board accept the resignation; and it can come back and deal with the Interim County Manager, which is still on the Agenda.  Commissioner Bolin stated she would be willing to separate the two issues.

 

Commissioner Infantini stated she concurs with Commissioner Fisher that she would like to see it as two separate motions. 

 

Chairman Nelson stated he would like to know where the Board is going to go; stated the two issues need to be considered together, because once the Board has made the first decision, the second decision is going to be a lot tougher; and how he decides to move would be based on the second decision because there may be someone he does not find as capable as the Board might be able to find. 

 

Commissioner Fisher inquired if the Board does not come up with an agreement on who should be the Interim County Manager, does that mean it is not accepting Ms. Busacca’s resignation.  He stated if the Board is going to accept the resignation, then it should move to that point, and then go to that discussion.  Chairman Nelson stated speaking for himself, it would potentially change how he views the direction the Board is going in because he wants to know that the decision moves the Board forward in a way that he is comfortable with.

 

Commissioner Anderson inquired if there are some Board members that will not accept the recommendation of Tom Jenkins as Interim County Manager.  Chairman Nelson stated he thinks it needs to be a discussion of who the possible candidates might be so that the Board could select as part of that.  Commissioner Anderson stated that is fair, because he has other ideas too; stated Mr. Jenkins has history in the County; and the Board does not need a politically charged person coming back.  He noted the Board can hire Assistant County Manager Stockton Whitten, or Human Resources Director Frank Abbate as Interim County Manager until a replacement is found; and an unbiased person is needed to fill that position in the short-term.

 

Commissioner Infantini stated she concurs with Commissioner Anderson; and out of respect to Ms. Busacca, she would like to accept her resignation. 

 

Commissioner Bolin stated regarding her suggestion to bring back Mr. Jenkins, the Board is in a situation of urgency and needs to have someone; the first Budget Workshop is in two days; and Mr. Jenkins has the experience to be able to hit the ground running and be able to assist the Board in the budget process.  She noted it would be a short-term interim position while the Board works to find a permanent manager.

 

Commissioner Fisher stated the Board needs to clear the issue up; it is a tough day for Ms. Busacca and her staff; and he does not want to talk about the next person before a decision has been made on the first person. 

 

Chairman Nelson stated he will clear all the motions off the table and start over.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to accept the forced resignation of County Manager Peggy Busacca.

 

 

Commissioner Bolin requested County Attorney Scott Knox to give a clarification of what ‘forced’ means in terms of the contract.  Attorney Knox advised if the Board is accepting the resignation, it is accepting on the terms that Ms. Busacca has presented in writing, which means she will be paid in accordance with Paragraph III.B. of her Contract, and the County separation policy relating to annual and sick leave. 

 

Chairman Nelson stated he is going to vote against the motion because he would prefer to have that discussion in advance of making that decision. 

 

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

 

 

Motion by Commissioner Bolin, to direct Chairman Nelson to negotiate with Tom Jenkins to fill the Interim County Manager position; and form a group under the advisement of Human Resources Director, Frank Abbate, on a procedure for a national search, or how it will handle the permanent decision. 

 

Commissioner Infantini stated she would like to have this discussion after the other Agenda items, as there are people attending today expecting to have their information presented in a timely fashion, rather than sit through a long discussion; and there were people who were expecting to be part of this discussion later.    

 

Chairman Nelson stated the Board can move the item to the end of the Agenda.  He stated the Board needs to select an Interim County Manager for the remainder of the meeting.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to appoint Assistant County Manager Stockton Whitten as Interim County Manager for the duration of the meeting.  Motion carried and ordered unanimously.

 

 

 

Commissioner Fisher stated he would like to get Board approval for a letter to Congressman John Mica, dealing with the East Central Florida Regional Rail Trail; stated Congressman Mica had  asked  for  federal  funding  for  the rail  trail;  and some of  the  funding  has  already  been granted; but some additional funding is needed.  He advised former Commissioner Truman Scarborough had sent a letter to Congressman Mica asking for support of the trail, which will run through six counties; and he would like Chairman Nelson to send another letter to Congressman Mica supporting the cause. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize the Chairman to send an additional letter to Congressman John Mica requesting his continued support for the funding of the East Central Florida Regional Rail Trail.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin stated appreciated all of the cards, thoughts, prayers, and phone calls of condolences for the passing of her husband, Bob Bolin.

 

 

 

Chairman Nelson stated he attended the installation banquet for Cocoa Beach Area Chamber of Commerce and Dr. Brenda Fettrow is going to be the new Chairman for the Cocoa Beach Area Chamber of Commerce; she is a great choice for Chairman; and he looks forward to working with her. 

 

 

 

Commissioner Anderson stated he would like to pull Item III.D.3., Approval, Re:  Bills and Budget Changes, for discussion. 

 

Chairman Nelson stated he would like to pull Item III.D.2., Appointments/Reappointments, Re:  Citizen Advisory Boards, for discussion.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Amendment No. 1 to the 2007-2017 Storage Tank System Compliance Verification Program Contract GC686; and authorized the Natural Resources Management Director, or his designee, signature authority for Task Assignments from FDEP to implement the Board approved multi-year Contract.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution releasing the Contract dated October 16, 2007 for Heritage Isle, Phase I Subdivision.  Motion carried and ordered unanimously. 

                                                                                               

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Site Plan Infrastructure Contract with Bonita Beach, LLC for guarantee of performance for infrastructure improvements according to Section 62-2844 of the Code, for Bonita Beach Condominium SP-05-04-007.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve Amendment to BCC Policy BCC-50 to Specify Documentation of Financial Status.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, execute Right-of-Way Use Agreement with the Sykes Cove Community Association, Inc., for installation and maintenance of landscape entrance improvements within the public right-of-way of Sykes Creek Drive on Merritt Island.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the Drainage Easement from Mt. Tabor Primitive Baptist Church, Inc., located at 333 Lucas Road, Merritt Island, in Section 26, Township 24 South, Range 27 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to grant permission to advertise for bids and award a construction contract for the rehabilitation of the wastewater pump station C-17; and approve the budget changes needed to transfer funds from 4250 (Capital Reserves) to fund 4153 (Capital Improvement Program).  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve elimination of Board Policy BCC-78, On-Call Medical Examiner Investigators.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to reappoint Helen Voltz to the Board of Directors of Community Based Care of Brevard, Inc., for a three-year term.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute First Amendment to Interlocal Agreement with City of Cocoa for the construction of a waterline on Rose Street and Myrtice Avenue.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to reappoint William Potter, Joy Gilliland, Pamela Gatto, Roberta Bechtal, and Philip Nohrr, to the Education Facilities Authority, with terms expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to grant permission to bid and award contract with the lowest, qualified, responsive bidder regarding replacement of the roof on Pod “D” only at the Brevard County Detention Center; and authorized the Chairman to execute the contract for same.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve changes and new review date for Policy BCC-58, Naming of County Facilities.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Agreement with City of Rockledge to provide the City access to the County’s 800 MHz radio system through a network circuit provided by the Information Technology Department.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the County Attorney’s Office to seek an injunction and any other appropriate relief against Indian River No. 1, Carolina First Bank, Mercantile Bank, and Kahama VII, and any other necessary parties, to compel compliance with the Aquarina PDP/PUD zoning requirements.  Motion carried and ordered unanimously.

 

 

 

Chairman Nelson stated his question was related to the attached report from Commissioner Infantini regarding the Internal Audit Committee; the report names James Rosasco to the Internal Audit Committee; but he is also on the Citizen Budget Review Committee; and that is not a conflict, but he is a little confused.  He stated the Resolution states that the Board appoints it; initially he was told it was a District 2 appointment; but he has not been able to confirm that the Board ever actually appointed them that way; and if the Board is going to fill that vacancy, he would think that all the members of the Commission would offer appointments for that recommendation.  He inquired if Commissioner Infantini knew if it was a mistake or not.

 

Commissioner Infantini stated she inquired about the Internal Audit Committee and was told the Committee was approved in October 2008, to move the four existing members forward; there was no criteria as far as how it went, so she put it on the appointments because she would like to have someone on the Internal Audit Committee that would be willing to ask questions and require audits to come back, or the audits to take place; and she knows Mr. Rosasco is very tenacious at requiring follow-ups.  She stated that is why she put Mr. Rosasco through as an appointment for the Board to approve under the Consent Agenda.  

 

Chairman Nelson advised it would be his preference that all Board members have an opportunity to submit a name for that purpose, since that would be more in keeping with the Resolution.   Commissioner  Infantini  inquired  if  someone  could show her where that is  in the Resolution; stated she asked for guidance from the County Manager’s Office and did not receive it; and all she got was a copy of what was approved; and she moved forward so the Board would have somebody that is strong on the Internal Audit Committee.

 

Chairman Nelson stated the Board can delay the issue until the January 29^th Budget Workshop to clarify the issue; and everybody will get a copy of the Resolution. 

 

Commissioner Bolin inquired if the Board will move forward the other appointments and reappointments, excluding the Internal Audit Committee; with Chairman Nelson responding yes, and the Board will have the information at the Thursday Budget Workshop. 

 

 Motion by Commissioner Bolin, seconded by Commissioner Anderson, to appoint/reappoint Clara Mutter and Denise Van Cleef, DVM to the Animal Enforcement Dangerous Dog Hearing Council with terms expiring December 31, 2009; Bobbie McMillan to the Art in Public Places Advisory Committee with term expiring December 31, 2009; Cathy Bucklin and Beverly Jones to the Brevard County Commission on Status of Women with terms expiring December 31, 2009; R.J. Durham to the Building and Construction Advisory Committee with term expiring December 31, 2009; Nena Galligan, Ed Newell, and Pat Sherer to the Central Brevard Library & Reference Center Advisory Board with terms expiring December 31, 2009; Doug Baker and James E. Rosasco  to the Citizen Budget Review Committee with terms expiring December 31, 2009; Pamela Grove to the Community Action Board with term expiring December 31, 2009; Reverend Edward Buckner to the Community Development Block Grant Advisory Board with terms expiring December 31, 2009; William Warren to the Community Development Block Grant Advisory Board with term expiring December 31, 2011; Charles Boudreaux, Pete Cario, R.J. Durham, and Robert Williams to the Contractor’s Licensing Board with term expiring December 31, 2009; Carolyn Mobley to the Country Acres Advisory Board with term expiring December 31, 2009; Larry Weber to the Economic Development Commission of Space Coast with term expiring December 31, 2009; Bob Champaigne and Beverly Pineyerd to the EELS Program Recreation and Education Advisory Committee with terms expiring December 31, 2009; Priscilla Griffith and Diane Stees to the Environmentally Endangered Lands Procedures Committee with terms expiring December 31, 2009; Jerry Butz to the Marine Advisory Council with term expiring December 31, 2009; Pat Pasley to the Melbourne Beach Public Library with term expiring December 31, 2009; Joseph Pearce to the Metropolitan Planning Organization Citizens Advisory Committee with term expiring December 31, 2009; John Stone to the Onsite Sewage Disposal Variance Board with term expiring December 31, 2009; Ben Clark to the Parks and Recreation South Service Sector Advisory Board with term expiring December 31, 2009; Victor Brungart, Robert Ludwiczak, Clyde Thodey, and Damian Wilson  to the Planning and Zoning Board with terms expiring December 31, 2009; Joyce Bent, Marie Bergamini, Laurie Chase, Mike Cunningham, Frances Salerno, and George Theriault to the South Mainland Library Advisory Board with terms expiring December 31, 2009; Bob Ball, Mike Malone, and Audrey Nassen to the Suntree-Viera Parks Committee with terms expiring December 31, 2009; Kate Breitfeller to the Suntree-Viera Public Library Advisory Board with term expiring December 31, 2009; Ken Baker, Ed Newell, and Karen Kilianck to the Wickham Park Advisory Committee with terms expiring December 31, 2009; and George Bovell, Sally Busker, and James Rosasco to the Zoning Board of Adjustment with terms expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

 

Commissioner Anderson stated he does not want to pick on any individual department; but there are a lot of memberships and dues paid to a lot of different organizations; and he is speaking about Tourist Development.  He stated perhaps the Board should start reviewing all the different organizations that everyone belongs to in light of the budget issue coming up; and the Board needs to start cutting back on all of them, and not just one.  He stated it is nice to belong to those organizations in good times; but he would like more direction on if they are looked at individually or how the organizations are rated against each other; and when the Board starts looking at what it wants and needs, a lot of the organizations are wants and not needs.

 

Commissioner Infantini stated the Board is going to be allocating $5,000 for membership; her research indicated it is a lobbying group; and they are lobbying for the beach renourishment, which is a terrific project; but there are already lobbyists the Board is financing; and she would like to at least pull the one $5,000 application for renewal from the Bills and Budget Changes. 

 

Chairman Nelson stated the Board can defer the issue to its next regular meeting; stated as a Board, it goes through each membership during the budget process; and what Commissioner Anderson and Commissioner Infantini is seeing now is the moving forward with that; but if the Board is going to change that, then it needs to decide how it is going to do that.  He stated if a Commissioner has questions about a specific item in the Billfolder, the Board can get information from staff on the costs and benefit and report back to the Board. 

 

Commissioner Anderson advised for this Agenda Item, he would agree on the $5,000; but he wants everyone to be cognizant that the Board has to start looking at every item all the way through.

 

Chairman Nelson stated the Board can approve the Bilfolder minus the $5,000 membership to the Florida Shore & Beach Preservation Association; and direct staff to come back with a report on the benefit.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to approve the bills and budget changes as submitted, with the exception of the Florida Shore and Beach Preservation Association Membership Dues, in the amount of $5,000, which will be discussed at the next regular meeting on February 3, 2009; and direct staff to come back with a report on the benefit.  Motion carried and ordered unanimously.

 

 

 

Eric Ellerbracht stated he would like to speak about the Judge Edelstein Report; stated he recently paid $12.50 for a copy of the Judge Edelstein Report; and after reading all 115 pages, he felt he did not get his money’s worth; but at least he didn’t pay $30,000 like the County did.  He stated he feels the report has some glaring omissions; stated he feels it shows a lack of knowledge in the history of the jail issue; stated he spent over 10 years working in the Brevard County Jail as a mental health worker through Circles of Care and later Brevard Mental Health; and so he kind of knows what he is talking about.  He stated he feels the report shows a lack of knowledge in the history of the jail issue; nowhere in the report does Judge Edelstein mention the fact that cash cannot be used to bond somebody out of the County jail; inquired if it is in the middle of the night on a weekend, where is someone supposed to find a cashiers check or money order; and stated that will force someone to call a bondsman who is going to most likely say to wait until a Judge can be seen in the morning, which will raise the bond, which is good for the bondsman.  Mr. Ellerbracht stated on page 31 of the report, Judge Edelstein talks about the PTR Department; less than four percent of the people interviewed in PTR are released; and surely that attributes to a low FTA rate.   He stated PTR’s should be in the jails 24/7; every non-violent misdemeanor that comes into the jail should be spoken to by a PTR officer; stated Judge Edelstein also says the PTR Department should also come under the jurisdiction of the Sheriff’s Department or the County Courts; and Judge Edelstein obviously does not know that PTR used to be under the Sheriff’s Office.  He noted on Page 33 of the Report, Judge Edelstein bemoans the lack of follow up for the mentally ill who are released from the jail; unfortunately, Judge Edelstein does not know that under the previous contract provider, Circles of Care, case management follow-up services were provided to the mentally ill who were released from the jail; but unfortunately, since the Sheriff’s Office has taken over the providing mental health services at a much greater expense to the County, that service is no longer provided.  He advised on Page 41, Judge Edelstein stated jail oversight in the jail is represented by one person; staff can be found to volunteer to aid that one person; and Yvette Parker used to be the jail oversight person within the jail.  He stated when he worked with Ms. Parker, the process was extremely effective in getting people whose only reason for sitting in jail was because they could not get to a phone or could not get a hold of somebody to either post their bond.  He stated he is hoping all the Commissioners read the Report; he does not want to get into the definition of plagiarism, but there are lot of indexes in the Report; and he was advised by the County Attorney’s Office that it was Judge Edelstein himself that came down and interviewed with Commissioner Bolin; and inquired if she was satisfied with that interview.  He stated in a Report the Board paid $30,000, Judge Edelstein quoted federalist papers; and stated after 10 years in the jail, he could have wrote a report for $9.45 per hour, which is what he was making at the time.  He stated he would urge more discussion on the Report; as much as he bemoans Judge Edelstein, there are some good points in the Report; and he urges open discussion and that the Sheriff address the issues, specifically the cash bonds, as that would at least increase some of the numbers. 

 

Chairman Nelson stated for the record, he also spoke to Judge Edelstein; and he thinks Judge Edelstein has spoke to most of the Commissioners.  He noted he sits on the Committee with the lawsuit with the jail overcrowding; many issues Mr. Ellerbracht brought up are being looked at; and the process is continuing.  He advised the issues Mr. Ellerbracht brought up are all concerns of the judges and the Sheriff’s Office; there is a working group that continues to work towards those concerns; and one of the solutions is a similar position to what Ms. Parker did for the County. 

 

 

 

Paul Michael Goldstein stated he owns property at 119 Ocean Boulevard in South Patrick Shores; he purchased the house 18 months ago; and he has done an extensive renovation.  He advised he bought the house knowing that the house next door, which is 123 Ocean Boulevard, is a known crack house; it is owned by Mr. Gary Schenck; Mr. Schenck has had numerous liens incurring since the early 1990’s; and he is a known drug offender.  Mr. Goldstein stated he has worked in conjunction with the Sheriff’s Department; the Sheriff’s Department used his house while it was under construction to be a little sub-station, trying to catch the drug trafficking that goes in and out next door; there have been complaints about the house from numerous neighbors; and the house is basically dilapidated.  He stated Mr. Schenck just got out of jail three weeks ago; it is well documented that Mr. Schenck has been in and out of jail many times over the years; and the health issues about the house has also been well documented with Code Enforcement.  He advised last night he entered into an agreement to purchase the house; he would like to purchase the house and tear it down; and he will give the Board his word that he will have the house torn down within 30 days of closing.  He advised he is afraid Mr. Schenck is going to run; stated if he runs, the house will be abandoned and he will have to go through the process that was told to him by Code Enforcement, that it could take five to 10 years for the County to then go through the process, foreclose on it, and put it up for auction; and he and the other neighbors have an opportunity to eliminate the house.  He stated in his offer for purchase, he controls paying off all the liens because he cannot trust Mr. Schenck to pay them off; the title would come to him; and closing would be one week from today as a cash deal.  He advised Bobby Bowen, Code Enforcement Manager, explained to him that he needs to come to the Commission and put it on the record; stated there is another Commission meeting in one week; he will try to push his closing back one day; but what he is asking for is a reduction or a waiver of the Code Enforcement liens, which are fines that stem back from the early 1990’s, which the Board would not receive anyway if Mr. Schenck abandons the house; and that would help him be able to tear the house down, which is estimated to cost $12,500. 

 

Chairman Nelson stated the County has a Code Enforcement process; typically, there would be a report and it would go through the process; and inquired if Assistant County Manager Mel Scott has any thoughts on how the Board can deal with the issue.  Mr. Scott advised this is the first time he is hearing of the problem; he will spend some time with Mr. Goldstein; and if it cannot be solved, the Board will see it again either via a report or with Mr. Goldstein at the next meeting; but with public comment, he likes to do his homework and come up to speed on the issue. 

 

Chairman Nelson stated if the house has been a problem in the community, he would like for Mr. Scott and Mr. Bowen to meet with Mr. Goldstein, and get a report back; stated he would hate to see a deal fall through that might resolve the problem because of some statutory requirement that would stretch it out; and he knows previous Boards have been very receptive to code compliance, not necessarily the fees.  He noted the County does need to recapture its hard costs, but often the Board lowers fees based on the fact that someone is bringing it into compliance; and inquired if the Board can get a report back on Thursday, January 29, 2009.  Mr. Scott replied the problem may be fixed soon; and it may be something in which he just lets the Board know staff has taken care of it.  Chairman Nelson stated that would be fine if Mr. Scott does what he needs to do and get back to the Board; but what the Board is looking for is compliance versus fees.  Mr. Scott stated what the County wants is the improvement to the neighborhood.

 

 

 

Richard LeAndro stated these are hard economic times; another two million jobs are going to be lost this year; but honest, legitimate, businesses are being forced out of business by crooked, illegitimate, un-honest business; and he wrote articles for the Florida TODAY when a member of his family found out that his payroll taxes, social security, and other taxes were being withheld, never reached the State, federal government, or anyone else.  He stated every year there is a select committee of Senators who hold a hearing in September that shows that more than 20 percent of the businesses in the United States owes the government and taxpayers billions of dollars; last year it was $46 billion; and businesses are collecting unemployment taxes, social security, and workers comp and not turning them into the State or the federal government.  He stated there is no mechanism in Brevard County to find out who the crooked businesses are; stated his son employed 105 people and he would never hire anyone unless he did a check at his expense to make sure he was not hiring anyone that was crooked; and the State refuses to publish a list of all these people owing taxes and fraudulently operating.  He commented on senior citizens often being ripped off by bad contractors; recently, there was a $16 million embezzlement in which taxes were held from a guy that had seven companies and had never turned in payroll taxes; and that is one of the reasons money is not able to be given back to the community to do the projects that are needed.  He stated the honest legitimate businesses are not being helped; when the County issues a contractors license, a more thorough search should be done to find out who the crooked people are and where they are coming from; and he implores the Board to use whatever pressure it can to force the State of Florida, or itself, to protect the few remaining legitimate businesses that try to make a living in this community and provide for their families.

 

Chairman Nelson stated it would be helpful to know what the County does in the way of background checks; he knows some background checks are done; and would like Assistant County Manager Mel Scott to give the Board a report on what the County does to protect its businesses with regard to background checks, licensing, certifications, and those kinds of things.  He stated he has had pool contractors come to him who have had to lay off pool personnel who are now trying to run a pool business and hurting the pool businesses that are remaining; those things are going on right now because of the economy; and he would like to see a report.

 

 

 

Jerry Wall stated he has an open memo to Chairman Nelson, District 2 Commissioner, referencing the meeting Agenda Item November 25, 2008 and January 27, 2009, pertaining to the termination of contract of the County Manager Peggy Busacca.  He stated it is with a heavy heart that he comes before the Board this morning; unlike many other times when he has appeared before the Board in a much lighter mood; and as a follow-up to his past memo pertaining to County Manager Peggy Busacca, his opinions have not changed.  He stated there is a newbie Board with three totally new Commissioners; and he might say untried Commissioners.  He stated his question is what was the rush to dump County Manager Peggy Busacca; inquired if there is something inherently anti-Busacca with District 3; and inquired if there is something that would not wait until the new Commission could get settled.  He stated to jump right in with it as one of the first things for the Board to attempt to oust the County Manager  strikes  him  as  perhaps  the  epitome  of  arrogance  marked by inexperience; stated perhaps today is still too early to consider the issue; he realizes at this point it is a moot question; but maybe such an issue, if to be considered at all, should not be on the Agenda until at least six months into the current term after everyone has an opportunity to become somewhat acquainted with all the issues facing the current Board; and perhaps by then, the citizens would know what really fueled the effort.  He inquired who on the Board has a personal axe to grind, and is it really in the best interest of the Board’s constituents; and stated he thinks it is not.  He inquired if there will be a nationwide search for a replacement, taking additional valuable time away from the other agenda issues; perhaps someone local meeting the exact requirements of the District 3 Commissioner and others has been pre-selected; and stated he hopes that is not the case, as there is such a thing as the Sunshine Law.  He stated he would like to suggest that since some past Boards have been on occasion so adept at second guessing and micromanaging, why not just take turns at being County Manager; and stated he is being sarcastic.  He stated thinking back on past Boards, one not so recent, he had a tendency to think of that Board in terms of how many Commissioners does it take to change a light bulb; with the current Board, it would be how many Commissioners does it take to throw the County Manager under the bus.  He stated being a resident of Brevard County for over 40 years and attending many meetings, and having personal knowledge of and contact with Ms. Busacca, any one of the Commissioners will have a hard time meeting the criteria by which she performed for the constituents of Brevard County; and stated he feels Ms. Busacca has been done a great disservice.

 

 

Chairman Nelson called for the public hearing to consider Request to Continue Public Hearing, Resolution Vacating Portion of Right-of-Way West of Lipscomb Street – Sutton Properties of Palm Bay II.

 

John Denninghoff, Public Works Director, advised the petitioner has expressed a desire to continue the vacating request to March 10, 2009 to resolve the right-of-way request modification that they now seek; and it will require readvertising and basically starting over.

 

There being no objections, motion was made by Commissioner Infantini, seconded by Commissioner Anderson, to continue the public hearing to consider a resolution vacating a portion of right-of-way west of Lipscomb Street as petitioned by Sutton Properties of Palm Bay II, to the March 10, 2009 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Chairman Nelson called for the public hearing to consider resolution and accept new easement to vacate portion of Sanitary Sewer Easement in Viera Health Complex, as petitioned by Health First, Inc.

 

John Denninghoff, Public Works Director, advised the Item should be moved with the stipulation that the conditions are met as spelled out in the Agenda Item.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and accept new easement vacating portion of Sanitary Sewer Easement in Viera Health Complex, as petitioned by Health First, Inc.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider vacating portion public utility and drainage easement on Lot 24 in Ocean Oaks Subdivision, as petitioned by David Scott Caddell.

 

John Denninghoff, Public Works Director, advised the petitioner and Florida Power & Light are still working through conflicts; and it is believed everything will be resolved February 17, 2009.

 

There being no objections, motion was made by Commissioner Anderson, seconded by Commissioner Bolin, to continue the public hearing to consider a resolution vacating portion of Public Utility and Drainage Easement on Lot 24 in Ocean Oaks Subdivision, as petitioned by David Scott Caddell.  Motion carried and ordered unanimously.

 

 

John Denninghoff, Public Works Director, advised during the last meeting he was in conversation with FDOT representatives; and subsequent to that, negotiations were continued with the contractor that has been awarded the high-rise bridge contract and tentatively awarded the contract for the catwalks.  He stated a reduction in scope was negotiated with the catwalks and the price, and got it down to the budget amount, which is $1,359,000; and that is the amount the contractor would be paid; in addition to that, there are administrative charges that are necessary that would bring the total to $1,500,000, which is what had been previously agreed to with FDOT by Brevard County.  He noted the catwalks will be 300 feet long and would have primarily aluminum railing with lighting and electrical services; as such, the County has indicated to FDOT that it successfully negotiated a reduction in scope and the County was given until today to get confirmation by the Board of County Commissioners regarding that negotiation.  He stated the preferred option on the part of the contractor, FDOT, and staff, is a straight pier that would go out 300 feet; staff negotiated an option to have a looping pier that would be a total of 300 feet long as a possibility; and staff would like to get an indication from the Board as to which option it wants to carry forward with at this time. 

 

Richard LeAndro stated he would prefer a straight pier because with a looped pier, the crossover to north and south was basically an area where people could not shrimp; with a long straight pier, people can shrimp side by side; but when there are corners, 10 feet of space is lost on each corner; and that drastically cuts down the area where people can shrimp using an 18-foot pole. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to acknowledge receipt of the staff report; authorize staff to notify FDOT of the Board’s concurrence regarding the negotiations with Lane Construction in conjunction with FDOT regarding the Max Brewer Bridge Catwalks; authorize the Chairman to execute the revised Locally Funded Agreement (LFA) with FDOT contingent upon County Attorney and Risk Management approval; and approve the pier to extend straight out 300 feet.  Motion carried and ordered unanimously.

 

 

 

John Denninghoff, Public Works Director, advised the item is a Contract for Sale and Purchase for a residential property on Hollywood Boulevard; previously, the Board authorized staff to negotiate with willing sellers on that road corridor for purposes of future right-of-way acquisition; and stated this particular one is below the appraised value.  He noted staff had previously turned down the prior owner’s attempts to have the County pay in excess of $200,000 for that; and now the County is going to get it for $150,000.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to authorize the Chairman to sign the Contract for Sale and Purchase and Addendum between Brevard County and FannieMae as Agent and Attorney in Fact for Federal National Mortgage Association for property needed for the Hollywood Boulevard widening project.  Motion carried and ordered unanimously. 

 

 

John Denninghoff, Public Works Director, stated this is an item where a piece of property, including a ditch was annexed by the City of Melbourne and has subsequently been platted with the ditch going through the subdivision; staff has negotiated with the City of Melbourne for it to accept a deed for the ditch and the maintenance responsibility for that ditch.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept a Deed previously recorded to the County, adopt Resolution, and execute County Deed to transfer the same property to the City of Melbourne. Motion carried and ordered unanimously. 

 

Chairman Nelson noted the fiscal impact is $18.50, which is the recording fee; stated the real fiscal impact is that the Board is going to save thousands of dollars because it is now going to be maintained by the City of Melbourne; and as the Board goes through the process it needs to tighten down the fiscal impact.  He stated it is less critical that the fiscal impact in the sense of savings be in the line item because the Board is going to be going live with the Agendas soon; stated he believes the Board needs to look at where there is a contract cost that is being approved; and that needs to be there; but not necessarily the fiscal impacts in savings because sometimes that is a discussion of options.

 

 

Euri Rodriguez, Solid Waste Management Director, stated this is a Task Order to design the closure or partial closure of the landfill as the permits are required; the permit the County currently has with DEP, requires it to close as it goes; and as the landfill is being built up, it reaches a point where five years after the last piece of garbage in that particular area, the County is required to do closure according to specifications derived from DEP and also from DPA.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Task Order 07-07 in the amount of $353,397.87 between Brevard County and Jones Edmunds & Associates, Inc., to provide construction and administration services for the Phase IV South Slope Closure and Landfill Gas System Expansion Project.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to grant permission to the Solid Waste Management Department and Purchase Services Office to bid and award to the lowest qualified and responsive bidder construction of the Phase IV South Slope Closure and Landfill Gas System Expansion at estimated cost of $6,300.00.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to appoint Carl Finerson as Chairman to work with staff to identify prospective candidates/volunteers to serve on a Complete Count Committee for the 2010 Census.  Motion carried and ordered unanimously.

Chairman Nelson stated the Board had this discussion recently; but he is still not inclined to change the schedule; and he believes the County is in a lull right now of work.  He stated there are a lot of committees that meet at a lot of times; and this one is one he does not want to change because it is quasi judicial. 

 

Commissioner Bolin stated it is her understanding that the members on the LPA had voiced opinions that they would like to make the schedule; and it was her understanding that to honor their request, the Board should try it. 

 

Commissioner Fisher stated his concern is that just because there may only be one applicant on the Agenda, it should not get pushed back to a later meeting; stated staff assured him a meeting would never be cancelled if something was on the Agenda; and it was his understanding that staff could put something on the Agenda administratively, which could be cancelled, but it would never interfere the private sector.

 

Chairman Nelson inquired once it is done, how is it undone; inquired what is the threshold to when it needs to go back to what it was; and no one ever knows which of the items may be contentious; and staff may, in best judgment at the time, say an item is going to be contentious, then suddenly the meetings last until midnight. 

 

Commissioner Fisher stated he was also under the impression that there are people from all over the County driving to the meetings with gas prices they way they have been; the Board wants to be careful about volunteers’ time; he knows the LPA members used to be compensated, but that was stopped in the budget cuts; and that was part of the reason the members went to staff about modifying the meetings.   Chairman Nelson stated often the Board sends things to the LPA and staff is going to be deferring those when there may have been an urgency from the Board’s perspective; and there are a lot of advisory board members who travel a lot of miles that never get compensated.  He advised he would prefer to take no action; stated he is optimistic that things will pick up by the end of the year because the first thing that starts to move in the economy is structuring deals for development; and that is one of the first areas that will start to pick up.

 

The Board took no action regarding the Local Planning Agency’s (LPA’s) request to modify its meeting schedule to potentially provide for the elimination of an LPA meeting when the agenda is anticipated to be abbreviated. 

 

 

The Board recessed at 10:27 a.m. and reconvened at 10:46 a.m.

 

 

Ernie Brown, Natural Resources Management Director, stated the late Stan Mayfield, who was the Representative for the lower portion of Brevard County, last year was able to pass into legislation  an  effort to  preserve commercial  fishery  waterfronts for Florida;  and this was $7.5 million of State revenues coming out of a trust fund that was dedicated specifically for the preservation of commercial fishery operations, which is a significant economic contributor to the State at large.  Mr. Brown stated commercial fishery operations is the third highest economic generator in the State; this opportunity availed itself last year; and staff brought to MIRA the opportunity to apply for this grant as it related to the Crab Shack and Doc’s Bait House, which is currently on Merritt Island and postured for redevelopment, which would lose the last commercial working waterfront in Brevard County.  He noted Brevard County happens to be the largest fishery landings economic contributor in the five County region of the Indian River Lagoon; the application was endorsed and moved through MIRA and the application was actually funded by the Indian River Lagoon Natural Estuary Program; and it is designed to preserve the last vestige of commercial fisheries in Brevard County, specifically, a commercial operation that takes local seafood over its docks and wholesales it, or retails it, into the community. 

 

Mary Hillberg stated she would like to encourage the Board to follow through with the working waterfront project; it is a spectacular opportunity for the State of Florida to partner with MIRA; and it is an opportunity for Brevard County to produce the last working waterfront that is going to be possible on the Indian River Lagoon; and to think of that being the last piece, it means that the rest are all taken and in private ownership.  She stated the Board also has a good opportunity to correct what most people feel is an error by the previous Board in approving an 11-story condominium with multiple variances; and she encourages the Board to vote support the acquisition, as the funding is set. 

 

Commissioner Infantini stated the price is currently set at $4.1 million; she understands that is an estimate; she did some research on the project; and the Property Appraiser is listing the property as approximately $1.3 million.  She stated while she understands there was a contract that was offered in 2005 but did not close, she is concerned about the price because she has watched the Board purchase numerous pieces of land at excessive values; she realizes MIRA will be contributing as well as the State; but she does not want to pay too much; and she thinks it is a fantastic piece of property, and she hopes the Board gets it, but she wants to make sure it comes back to the Board for the price approval.  She stated she would like to go on record and request that the Board considers hiring a review appraiser to have on staff because right now the Board is at the mercy of all the appraisers that are out there; and she has evaluated more appraisals and learned more about that business than she cares to know, and she would like to have someone on staff who can review appraisals and let the Board know if something is a good price or not. 

 

Commissioner Fisher stated he agrees the County should not be paying too much for anything; if others are getting bargains, then the County should get a bargain; and he would like to know who is going to manage the fishery.  He stated he would also like to know how the Board is going to identify additional funds to improve the fishery.  Mr. Brown stated those are all very valid points and ones that he is confident will be addressed as the process continues; there are three times the Board will have the opportunity to look at these closely and make a decision as to whether or not it wants to continue in the process; and if staff is successful going through the 29^th Florida Communities Trust Governing Board evaluation and move onto the cabinet for final approval  for participation  in  this  process,  at that point  the  State will order the appraisals.  He stated once completed, the appraisals will come back to the Board as to whether or not it finds them to be valuable or reasonable; if the Board is satisfied with those, it moves to the next step; and the next step is brokered by the State, which is to facilitate the process of negotiating a sale purchase price with the current willing seller; being a contributor in the process, the Board would have to be satisfied with that purchase price; if the Board is not satisfied, it can walk away; and if the Board is satisfied, it can move to the next step.  Mr. Brown advised the next step is actually where a lot of the heavy lifting transpires; it is the development of the management plan that is between the County and the State; it is when all of the details of who is going to do what and how it is going to be done are negotiated between the State and the County; and the Management Plan has to be agreed to and signed off on between the State and the County prior to closing on the property.  He stated those issues of who is going to manage it and how the lease is going to be addressed, and how the improvements are going to be constructed; there is a general concept of how those things will happen; but those details will come back to the Board; and the Board would have to approve that management plan and agree to it with the State prior to closing on the property.  He stated he feels comfortable that this process, although unique because it has never been done before, provides a lot of benchmark opportunities for staff to check the balance of it as it moves forward.

 

Chairman Nelson stated one of the things that is unique is it will end up being public/private partnerships, so it is not just a County project in the end, it is the businesses; from 2004 to 2006 the State identified working waterfronts as a huge issue; and it speaks to their priorities that this program survived three legislative sessions that they were cutting the budgets of the State, and they clearly have identified the preservation of working waterfronts as being critical.  He stated according to the Indian River Lagoon Economic Report, completed by the National Estuary Program last year, more than one million pounds of blue crab were landed in the County in 2007; for blue crabs, that makes up more than 68 percent of the total blue crab landings for the five County Indian River Lagoon Region, which includes Volusia, Brevard, Indian River, St. Lucie, and Martin Counties; but from a value perspective, blue crab landings in Brevard County account for $1 million, making up a lion’s share more of the $104.6 million in value for the five-County region; and it is a huge economic engine in terms of waterfront utilization.  He inquired if it is also consistent with the Marine Maser Plan, being spearheaded by the Advisory Council.  Mr. Brown replied the Comprehensive Maritime Management Plan, which was approved by the Board in its skeletal form was actually the second priority for preservation of working waterfronts and public access to ensure that the citizens of Brevard County have access to the waterways.

Chairman Nelson stated in 2005 the County Commission actually looked at acquiring this property for a marina; it was a Board action that caused Natural Resources staff and Parks and Recreation staff to actually look to acquire this; and at that time the price was over $6 million.  He stated Commissioner Infantini’s points are well taken; this is a difficult economic time; the Board needs to get the best value for its dollar; and he thinks that will certainly occur; but the Board has three more opportunities to make that determination.  He stated the fact that the 11-story condominiums  which were approved by a previous Board, will not be in the mix any longer and that commercial working waterfront can be preserved is certainly going to be well received by people on Merritt Island; and it is a great project.

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Infantini, to approve the Stan Mayfield Working Waterfront Grant for the acquisition and preservation of the Blue Crab Cove; this grant will culminate in the acquisition and preservation of the last remaining commercial working fisheries waterfront in Brevard County; and funding for this preservation acquisition is through a State Grant with a $1.435 million match from the Merritt Island Redevelopment Agency (MIRA).  Motion carried and ordered unanimously.

 

 

Commissioner Fisher stated on the 2010 Census Report, the volunteer Chairman for the Committee is going to be Carl Finerson.  He stated Carl Finerson is his step-father and he wanted to make sure the Board was aware.

 

Chairman Nelson stated he does not think that is a conflict, as there is no money involved.

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to approve the updated Brevard County 2009 Legislative Program, which has been updated to remove the Emergency Management CBIR and replace it with an issue summary on Page 14.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated earlier she put a motion on hold to have Chairman Nelson negotiate with Tom Jenkins to be Interim County Manager; stated Mr. Jenkins has the experience and all the facts of running County Government; he would be available immediately; and there would not be any disruption in any other Departments in the County other than his negotiation with Sheriff Parker to be released in order to assist the Board.

 

Commissioner Fisher stated he will second the motion for discussion; and he would like to add to the motion.  He stated he has not talked to Mr. Jenkins, but he is assuming he would be willing to accept the offer; stated he thinks Mr. Jenkins would be a worthy candidate, but he does not think he is a long-term solution for the County; and he would like to add to the motion that within 30 to 45 days, the Board go out to an RFP in search for a new County Manager for a long-term solution.  Commissioner Bolin stated that is acceptable to her.

 

Commissioner Infantini stated she understands Mr. Jenkins has served the County for a very long time, and he served it well; but currently there are three Assistant County Manager’s in place  that  are  very  competent  and  capable  that can  fill  in for the Interim, rather than taking someone out of the Sheriff’s Office; and she would prefer to see one of the Assistant County Manager’s in the Interim position as they have been doing their jobs for a long time, and they know how to work with staff.

 

Commissioner Anderson stated he wants a deadline if the Board chooses to bring back Mr. Jenkins; he is not going to vote in favor of that motion for many reasons because he thinks it is a politically charged decision; however, if that is the route the Board is going to take, then he wants a deadline on Mr. Jenkins’ contract, whether it be four months from now to whatever.

 

Commissioner Fisher stated it has been an emotional day for Ms. Busacca and her staff; stated the Board ought to come up with a consensus today as to who the Interim County Manager will be; he would hate to see a 3:2 vote; and so he would like to identify somebody that the entire Board feels it is comfortable working with.

 

Commissioner Bolin stated she agrees the Assistant County Managers are excellent people; her concern is that she does not want to have any of the Assistant County Manager’s in any jeopardy for future long-term employment with the County; and she has a lot of respect for each of the Assistant County Managers.

 

Commissioner Infantini stated she has a hard time understanding how someone who is probably the No. 2 or No. 3 person in the Sheriff’s Office would have the ability to step into a brand new role for just a few months and then step back into his other role, if that is what he would be doing; and she does not know why somebody would want to take a job of this magnitude for a temporary nature.  She noted Assistant County Managers would be able to fill that role in the Interim and then step back down into their shoes they were holding before, rather than pull somebody in from one of the other agencies, where she is sure he is desperately needed. 

 

Chairman Nelson stated he thinks Mr. Jenkins offers an understanding of Brevard County Government that others are going to struggle with; that is not to say that one of the Assistant County Managers does not, but he worries the Board will thin out the County Manager’s Office too much, as the Board has already reduced the number of Assistant County Managers at one point.  He stated he is concerned that trying to make the transition in just three or four months may be a bit overly optimistic because that will be in the middle of the budget process; stated his thoughts would be to look at a one-year contract; he agrees that Mr. Jenkins is not a long-term solution; but he does not want the Board to be compelled to create an artificial deadline that says in July it suddenly has to make a decision; and if the Board rushes too much, it risks making a decision that in the end is one that it would have liked to have done differently.  He stated if he is in a position to negotiate, he would like for it to be a one year contract; stated he spoke to Mr. Jenkins the last time the subject came up, and he was willing to do it; and stated Mr. Jenkins does not want to do this for the rest of his life, as he is nearing retirement. 

 

Commissioner Fisher stated the trend is that people end up in this management role; it is very easy for the Board to get comfortable and make someone permanent; it would be important to him that the Board start the search process and move towards a long-term solution that is best for  Brevard  County;  and he does not have  a problem with Mr. Jenkins; but he would like to be clear that the County needs a manager for the next eight to 10 years, and not eight to 10 months. 

 

Chairman Nelson stated if the Board could create an absolute deadline, it will be helpful; otherwise, there is going to be an open ended contract; and it is going to be difficult to talk with anyone under that kind of circumstance.  Commissioner Fisher inquired how Chairman Nelson feels about a six-month contract, with an option to renew for another six months if the Board has not gone through the process and found somebody. 

 

Commissioner Anderson stated he is not comfortable with a one-year contract; stated for the last three months he has been lobbied by a lot of special interests to get Mr. Jenkins in as County Manager; stated that sends up a red flag that there are motives; he is not comfortable with that; and he believes there is a lot of baggage by bringing in a previous County Manager that can be negative for some of the employees; that Board needs a fresh perspective with no ties or relationships to evaluate what is going on in the County; and six months would be his drop-dead date, not a year.  He stated that is the only way it is fair to the constituents; the Board needs to move on and build the County up to be one of the best in the nation and one of the first Counties out of this horrible economic crisis; and he thinks if the Board brings Mr. Jenkins back there will be a situation in which there are going to be a minimum of two Commissioners that are probably going to be marginalized because they voted against him.  He noted the Board needs some sort of unanimous consensus. 

 

Commissioner Bolin stated Commissioner Anderson gave a good description of the person she would like to hire for the permanent position as someone fresh who will come in and give the structure to start a whole strong organization again; and she would suggest putting in the negotiation with Mr. Jenkins that he not be eligible to be a permanent selection; and instead of having a time element on it, it would just stated that he is not eligible for any permanent position.

 

Chairman Nelson stated he would be okay with negotiating with Mr. Jenkins for six months, and then an option to renew for another six months.  He stated it is interesting that Commissioner Anderson mention lobbying because he has had people lobbying him for a variety of people who are not Mr. Jenkins; that is the nature of the business; but he would be willing to talk to Mr. Jenkins.

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson to place a timeline of a six month contract, with the option to renew another six months. 

 

 

Commissioner Infantini stated she would like it to be in the Contract that Mr. Jenkins is not a consideration for the permanent County Manager position; otherwise, it would look like the Board is leaning toward what Commissioner Fisher suggested, that the Board will get comfortable and have a new appointment forever; and inquired if Commissioner Fisher could add that to his motion that Mr. Jenkins not be permitted to continue on past the six months. 

 

Chairman Nelson stated the Board is going to start all over; his only comment is that as well-intentioned as the Board may be on any given day, whatever it decides today can be changed by it or a future Board; and while the Board can write into the contract that it is not its intention to extend beyond a certain date, the reality is that it can change. 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to authorize the Chairman to negotiate with Tom Jenkins as the Interim County Manager with a six-month contract, with the option to renew for an additional six months; direct staff to prepare an RFP in 60 days; approve a clause in the contract that reads Mr. Jenkins would not be permitted to apply for the permanent County Manager position; and approve Assistant County Manager Stockton Whitten to continue as Interim County Manager until such time a contract is signed.  Motion carried and ordered; Commissioner Anderson voted nay. 

 

 

 

Upon motion and vote, the meeting adjourned at 11:20 a.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)