MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 19, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 19, 2008 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Shirley Groom, Fellowship United Methodist Church, Melbourne, Florida.

 

Commissioner Bolin led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the October 23, 2007 Regular meeting, and November 20, 2007 Regular Meeting minutes.  Motion carried and ordered unanimously.  

 

 

The Board recognized and presented Professional Development Certificates to those employees who voluntarily attended the Employee Development Program and successfully completed and passed all three phases of the program during the last half of 2007, as follows:  Hillary Arena, Raleigh Berry, Megan DuPont, Brenda Matthews, Ashley Miller, Mary O’Neal, Deborah Sands, Marie Sheba, Cynthia Staubly, Mary Toupin, Calvin Brethold, Ernie Brodeur, Merritt Cogswell, Alice Colon, Gilbert Crook, Alvin Hall, William Kerwood, Tanya Munn, Louise Nottingham, Martha Pichel, Victoria Radford, Lisell Roan, and Yvette Torres.  

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Kevin Ballard Sebastian.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Eagle Scout Kevin Ballard Sebastian for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Anthony Michael Szelag.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Eagle Scout Anthony Michael Szelag for attaining the rank of Eagle Scout.  Motion carried and ordered unanimously.  

 

 

 

County Attorney Scott Knox advised Item III.D.1., Approve Creation of Part-time, Permanent Position, Re:  Records Management Liaison Officer (RMLO) in County Attorney’s Office, has been withdrawn from the Agenda.

 

 

 

Commissioner Voltz advised the Valkaria Airfest was very successful on Saturday; many people attended; the airshow was great; and hopefully next year it will be even better.  She stated this coming weekend is the Grant Seafood Festival; and she invites everyone to attend.

 

 

 

Commissioner Bolin stated she had a wonderful time at the Valkaria Airfest; and it is good to see involvement of everyone in Brevard County.

 

 

 

Commissioner Voltz stated Rodney Ketcham has passed away; and the Board is praying for his family.

 

 

 

Chairman Scarborough stated he has met with Sheriff Jack Parker, four judges, and Facilities Director Steve Quickel regarding the Titusville Courthouse; there may be some solutions; and Mr. Quickel has the ability to talk to some A&E firms that are on a continuing contract without any obligation or cost to the Board to see if some of the solutions are feasible. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to direct Facilities Director Steve Quickel to provide a report to the Board concerning feasible solutions, as discussed at the meeting with Sheriff Parker and judges at the District 1 Commission Office on February 15, 2008, for the Historic Titusville Courthouse, with approval to consult with A&E firms that are under continuing contract with the Board, with the understanding there will be no obligation or cost to the Board for such consultation.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon stated last week was the award ceremony for the Sheriff’s Department; among those honored were the Employee of the Year and the Awards of Valor for the Sheriff’s Department; and she is proud that two award recipients were female. She advised she would like to recognize two of the individuals at the next Commission meeting.  Commissioner Voltz advised the C.O.P. of the year is from Barefoot Bay and she will be recognizing him as well at the next meeting.

 

 

 

County Manager Peggy Busacca stated there have been some questions about whether or not the Board of County Commissioners had sent out any mailings or information about Amendment 1; and she would like to clarify that the Board had not provided any information at all about Amendment 1. 

 

The Board affirmed that it did not provide any information to the public concerning Amendment 1. 

 

 

 

Chairman Scarborough stated the Board gave him permission to write a letter to Congressman Mica; and the letter was in response to Congressman Mica’s hope to champion a 200-mile loop trail in five counties within District 1 to the north.  He stated he spoke to Lobbyist Eddie Pauley; the thought is that it is not part of the Board’s legislative package, but something that is on Congressman Mica’s agenda separate from the Board; and Congressman Mica also suggested the Board send a letter to Congressman Wexler, who is the ranking majority leader. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve sending a letter similar to the one sent to Congressman John Mica to Congressman Robert Wexler in support of construction of the rail trail in North Brevard.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough read aloud a resolution recognizing Jermaine Curry.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Jermaine Curry, who was named one of the four outstanding future leaders under the age of 40 in Brevard County by LEAD Brevard.  Motion carried and ordered unanimously. 

                                                                    

 

Jermaine Curry expressed appreciation to the Board for the recognition and the Resolution.

 

Commissioner Colon stated she would like to invite Mr. Curry to an event in South Brevard that will be held on May 5, 2008; a summit has been put together for young people who are at risk that are now in a leadership position; a committee has been put together; and the young people are putting the event together. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve two sole source awards; and execute Agreements with Geomar Environmental Consultants, Inc. and the University of Central Florida.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the proposed 50-foot depth for Deer Park Ranch borrow pit as permitted and approved through St. Johns River Water Management District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Tri-party Escrow Agreement with Willow Creek Development to guarantee the construction performance for infrastructure improvements for the Grissom Road Widening Project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve applicant’s request that the requirement per Section 62-3204(g)(4)(g), for a perimeter wall be waived for a  portion of the wall along the west property line for Spoonbill Center, subject to the applicant entering into a maintenance agreement with the adjacent property owner or the Riverside Landing Subdivision Homeowners’ Association to maintain the existing subdivision wall.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive setback requirements at 7228 Windover Way, Titusville, Florida, per Section 62-1153.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution authorizing the County Manager, or designee, to enter into a Highway Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) to maintain the roadside shoulders and medians on S.R. 520 in District 2, and the Park & Ride Facility on S.R. 518 in District 5.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept a sidewalk easement in favor of Brevard County from Flores De La Playa Homeowners’ Association for maintenance of an existing sidewalk along A1A in front of the Flores De La Playa Condominiums in Satellite Beach.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve ratifying Emergency Purchase Orders issued to Atlantic Development Company in the amount totaling $279,008.48 for the emergency repair of the South Beaches Regional Wastewater Transmission Main; and approve the associated budget changes needed to pay for this work.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve State Housing Initiative Partnership (SHIP) funds in the amount of $810,000 to Community Visions Corporation/Gandolf Group, LLC for Palmetto Ridge Townhomes; approve Hurricane Housing Recovery (HHRP) Program funds in the amount of $560,000 to Freedom Outpost Ministries, Inc. for Freedom Island Homes; and authorize the Chairman to execute subsequent contracts and amendments contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Memorandum of Understanding with the City of West Melbourne to  allow a one-time transfer of $75,000 from the

City of West Melbourne to Brevard County’s Affordable Housing Trust Fund, to be used for affordable rental housing.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with the Sutton Place on the Ocean Condominium, Inc., for the placement of one trash dumpster on the corner of Robert P. Murkshe Park by Brevard County Parks and Recreation.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with the Merritt Island Redevelopment Agency for the maintenance and operation of the Merritt Island Intracoastal Waterway Park by Brevard County Parks and Recreation Department.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Marty Brown to the Public Golf Advisory Board, with term expiring December 31, 2009; and appoint Richard Denza to the Public Golf Advisory Board, with term expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint James R. Gaines and Melvin “Ted” Whitlock to the Palm Bay Regional Park Citizens Advisory Committee, with terms expiring December 31, 2008.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with Hurricane Karting, Inc., a non-profit corporation, to provide karting activities at Space Coast Communities Sports Complex in Sharpes; delegate to the County Manager or designee the authority to execute renewal options as outlined in the Agreement; and adopt Resolution covering this action.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Professional Services Agreement Amendment No. 4 with Brad Smith Associates, Inc., for a not to exceed $33,250 total; and authorize the County Manager and Department Director to execute any required amendments with Brad Smith Associates, Inc., per the delegated authority in Administrative Order 29, Contract Administration, when the specific amendment is under $100,000 or $25,000, respectively.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Medicaid Waiver Service Agreement for Space Coast Area Transit’s (SCAT) Home and Community-Based Waiver/Family and Supported Living Waiver Program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a one-year contract with Stewart B. Capps to continue to provide Special Magistrate services for the County; and authorize the Chairman to execute the Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Internal Audit Report for the Information Technology Security.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendments to Agreements with The Zimmerman Agency for advertising, public and media relations, and website maintenance services, exercising one year of a two-year option to renew.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve staff review and recommendations for revision of Board Policy BCC-70, Management of Real Property.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution to allow the Brevard County Housing Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow the issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction and development of Hammock Harbor Apartments, Phases I and II.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution to allow the Brevard County Housing Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow the issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction and development of Malabar Cove Apartments, Phases I and II.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution for St. Johns River Alliance Specialty License Plate.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept $350,000 from Palmer and Cay (now known as Wachovia Insurance Services) in the case of Brevard County v. National Union Fire Insurance Company and Palmer and Cay (nka Wachovia Insurance Services, Inc.), Case No. 05-2002-CA-011250-XXXX-XX; and authorize the Chairman to sign settlement and release documents upon approval of the documents by the Board’s outside counsel and the County Attorney’s Office.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Nena Galligan to the Central Brevard Library and Reference Center Advisory Board, with term expiring December 31, 2008; Douglas Sphar to the EELs Program Recreation and Education Advisory Committee, with term expiring December 31, 2008; and Bud Crisafulli to the Extension Advisory Council, with term expiring December 31, 2008; and appoint Bill Powell to the Country Acres Advisory Board, with term expiring December 31, 2008.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Bills and Budget Changes as requested.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider resolution vacating portion of Hammock Trail right-of-way as requested by Honeycutt and Associates, Inc.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution vacating a portion of Hammock Trail right-of-way westerly of Turpentine Road in Section 13, Township 21 South, Range 34 East as requested by Honeycutt and Associates, Inc.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider Interlocal agreement for Public School Facility Planning and School Concurrency.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute an Interlocal Agreement with Brevard County School Board and participating municipalities for Public School Facility Planning and School Concurrency. 

 

 

Chairman   Scarborough  called  for  the  public  hearing  to  consider  approval  of transmittal of

2007-C Comprehensive Plan Amendment to Florida Department of Community Affairs.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve transmittal of Comprehensive Plan Amendment Package relating to Public Education Facilities to Department of Community Affairs.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough called for the public hearing to consider ordinance amending Brevard County Code Section 106-5, Wrecker and Towing Services Ordinance.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Ordinance amending Chapter 106, “Traffic and Vehicles” of the Code of Ordinances of Brevard County, Florida; specifically amending Section 106-5, Wrecker and Towing Services, Maximum Fees, by removing the terminology “non-criminal” thereby making violations of Section 106-5 punishable as provided in Section 125.69, Florida Statutes; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough stated the Board is going out for RFP’s in order to get a scope of what different groups can give the Board; and inquired when the Board can get the RFP’s back.

 

Assistant County Manager Stockton Whitten stated the RFP’s can be back by mid to late Spring.  He stated one of the things the proposal does not include is the management of the mutual funds; there are three that total approximately $200 million; and PFM Management’s proposal includes management of approximately half of the short-term portfolio. 

 

Chairman Scarborough stated he is inclined to wait and see; it seems the Board has gotten over some issues such as the liquidity of funds that the State was holding; and the Board may have a bigger picture if it waits six weeks to two months.

 

Steve Alexander, PFM Management, stated he has been helping Mark Peterson select some money market funds to provide some additional liquidity and to diversify from the SBA, and restructure the SBA dollars away from the SBA into other safer investments.

 

Commissioner Voltz inquired if Chairman Scarborough is suggesting the Board not go out for an RFP; with Chairman Scarborough responding no, he wants to get the information in order to see a bigger picture than the Board is seeing today.

 

The Board reached consensus to defer consideration of the proposal submitted by PFM Management LLC for advisory services for the County’s short-term investment portfolio to a future Board meeting.

 

 

Commissioner Nelson stated Items VII.B., VII.C., and VII.D., came before the Board a few weeks ago; he was confused over the actual cost and the reduced fees; and Code Enforcement Manager Bobby Bowen has given the Board a report with some recommendations related to those items.  He stated the Board had not wanted to see any fines reduced below the actual cost; a uniform charging method has been created; and the question is if it should really be updated on a more periodic basis.  He stated his concern is that actual cost probably is not something that needs to be on the report any longer because it is more confusing than helpful.

 

Commissioner Voltz inquired why could the Board not average out the cost for the employees rather than charge higher for one and lower for another; and stated there would be a flat cost for everything.  Code Enforcement Manager Bobby Bowen stated that is what staff did with the 2006 Resolution; and the question now is to go back, update the Resolution and see what the costs are today that would change the amount in the Resolution, and bring it back to the Board.  Commissioner Voltz stated there was also an issue of whether the Board should put the actual cost in front of the Special Magistrate; with Mr. Bowen responding the uniform cost that was established is paid by the respondent, and that has been dealt with. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Recommendations 1, to update the Resolution and amend the to delete reference to the “actual cost” and 2, Amend Rules of Special Magistrate Hearings the current policy regarding reduction of liens, with Recommendation 1 being amended to update the Resolution on Uniform Assessment Costs for Code Enforcement Cases and Appeals on an annual basis.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve reduction of the accrued fine for Case #05-2671 from $400.00 to the reduced sum of $150.00 and direct staff to

prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve reduction of the accrued fine for Case #05-5315 from $13,850 to the reduced sum of $150.00 and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve reduction of the accrued fine for Case #06-1781 from $7,900.00 to the reduced sum of $750.00 and direct staff to prepare and execute and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute the Contract for Sale and Purchase and Addendum between Brevard County and Gilberto Padua and Ana Padua, for property needed for the Hollywood Boulevard widening project, located in District 3.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant a waiver of Section 62-3205(a) to allow a nine-month extension for Andrea’s Beauty Salon, in order to allow the applicant additional time to complete the project.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated he does not have a problem moving forward; and he would encourage Commissioners to touch base with Lobbyist Eddy Pauley and others.  He stated it would be nice to have Mr. Pauley on the phone during a meeting because he has a great perspective on how things move. 

 

Commissioner Voltz stated Legislative Day is coming up next month; and she would encourage all of the Commissioners to go to Tallahassee on that day to meet with the legislators. 

 

Commissioner Colon stated she would like it on the record that an addition to the 2008 Legislative Program Revisions and Additions is in regards to the agricultural community.  She advised   following  the  presentation   at  the   annual  Cattleman’s   Association   Farm  Bureau luncheon, it was requested that the Board of County Commissioners consider adding a statement of support for the agricultural community. 

 

Commissioner Bolin noted the Elderly Services Act has also been added to the 2008 Legislative Program Package.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve revisions and additions to the 2008 Legislative Program.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated as far as ranking, the Board knows the Transportation Van Pool Vehicle Replacement is out of a different pot of money; and the Board can list that item as number 5, because it is not going to affect the other four items.  She stated the Board is in the middle of beach renourishment; it needs to continue going forward with that; and she has ranked that as number 1 on her list.  She stated the Barefoot Bay Water Plant is the second on her list, as water is vital.  She advised she is open to suggestions on the items dealing with I-95 and the Agricultural and Extension Services.

 

Chairman Scarborough inquired if each Commissioner can list his or her own rankings of the items and then Ms. Busacca can compile them mathematically; with County Manager Peggy Busacca responding the Board can do that.  Chairman Scarborough inquired if the Board needs to rank the items today; with Ms. Busacca responding affirmatively. 

 

Commissioner Voltz stated next week she will be traveling to Washington, D.C. for money for the Barefoot Bay Water Plant; and inquired if Utility Services Director Dick Martens would address the issue for the Board.  Mr. Martens stated he and Commissioner Voltz will be traveling to Washington, D.C. to meet with Congressman Weldon, Senator Martinez, and Senator Nelson to present the Board’s package to request federal funding in next year’s budget.  He stated there is a package prepared; and hopefully the request will move forward.  He stated it is a request from the Department of Interior; Florida has exported more of its tax money to Washington, D.C. than it has gotten back; over the years, other states have gotten a lot more money proportionately back from Washington, D.C. than Florida has; and this is an opportunity to balance that ledger. 

 

Ms. Busacca stated the Commissioners can list 1 through 5 beside the five items and then she will need to have the Commissioners’ name or District number on the paper.

 

Chairman Scarborough inquired if all of the items do not come out of the same funding pool; with Ms. Busacca responding no, they do not; however, the Congressmen have asked the Board to rank the items in the event they have to make a decision, they know which one to push.   Chairman  Scarborough  inquired how  a  decision can  be  made when  the funds for the

items come from different pockets; with Ms. Busacca responding as the Board knows, sometimes at the final negotiations, the Legislature does some trading.  Chairman Scarborough stated generally the trading is within the same agency.  Ms. Busacca stated this is what the Board has been asked to do; she does not know the process intimately to be able to tell the Board why it matters, but the Board has been asked to do this.  Chairman Scarborough stated when Senator Bill Posey was in Tallahassee he told him he represented Chairman Scarborough’s constituents and there may be opportunities that come up; but it is not a grocery list, as it is a dynamic process.  He stated somehow a dynamic process is moved into whether the Board delivered or not delivered based upon priorities; and he thinks that is a disservice. 

 

Commissioner Colon stated she wanted it to be on record that the space industry is the number one priority for the Board in regards to the retiring of the Space Shuttle; the feedback she has had from Senator Martinez’s and Senator Nelson’s offices is that they want the Board to prioritize; and the Senators realize all of the issue are important, but they have to spend their time wisely. 

 

Chairman Scarborough stated he is not going to rank any issues; all of the issues are important; but the vast majority of people in Brevard County would ask him is something is really number one.  He commented on the viability of the Space Program and Social Security.  Commissioner Colon stated she thinks it is important for the Board to lobby for the issues because if not, another community will get those dollars; and the Congressmen and Senators are being pulled in many different directions, but this will give them an opportunity to go after some dollars. 

 

Chairman Scarborough stated he would encourage Commissioners to travel to Washington, D.C. and lobby for things to happen.  He inquired if he has to vote; with County Attorney Scott Knox responding if it is a matter before the Board, then Chairman Scarborough has to vote.  Chairman Scarborough stated he will pass the gavel, as he has to leave the meeting. 

 

Chairman Scarborough passed the gavel to Vice Chairman Bolin.

 

*Chairman Scarborough’s absence was noted at this time.

 

Vice Chairman Bolin inquired if Ms. Busacca will tabulate the votes and report to the Board; with Ms. Busacca responding affirmatively. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the date of March 25, 2008, 9:00 a.m. for the Revenue Workshop.  Motion carried and ordered unanimously.

 

 

DISCUSSION, RE:  PRIORITIZING OF 2008 FEDERAL BUDGET REQUESTS (CONTINUED)

 

County Manager Peggy Busacca advised the results of the vote of the Board for the prioritizing of 2008 Federal Budget Requests are 1.)  Beach Renourishment, 2.)  Barefoot Bay Water Plant,

3.) Regional Emergency Operations/Agricultural Center, 4.) I-95 Visitor’s Center, 5.) Van Pool Vehicle Replacement.  Ms. Busacca read into record how each Commissioner voted.  She stated Commissioner Colon voted 1.) Beach Renourishment, 2.) Regional Emergency Operations/Agricultural Center, 3.) Barefoot Bay Water Plant, 4.) Van Pool Vehicle Replacement, 5.) I-95 Visitors Center.  She advised Commissioner Bolin voted 1.) Beach Renourishment, 2.)  Barefoot Bay Water Plant, 3.)  Regional Emergency Operations/Agricultural Center, 4.) I-95 Visitor’s Center, 5.) Van Pool Replacement.  Ms. Busacca stated Commissioner Nelson voted 1.) Beach Renourishment, 2.) I-95 Visitor’s Center, 3.) Regional Emergency Operations/Agricultural Center, 4.) Barefoot Bay Water Plant, 5.) Van Pool Vehicle Replacement.  She advised Commissioner Voltz voted 1.) Beach Renourishment, 2.) Barefoot Bay Water Plant, 3.) I-95 Visitor’s Center, 4.) Van Pool Replacement, 5.) Regional Emergency Operations/Agricultural Center. 

 

Commissioner Nelson stated what he used as a rationale was the overall impact to Brevard County; he thought the I-95 Visitor’s Center was number 2 because it will bring an economic benefit  to  the  County.   Commissioner   Colon   stated   the   reason   she   thinks the Regional Emergency Operations/Agricultural Center is a priority is because the economy of Brevard County depends a great deal on its agricultural community.

 

Commissioner Voltz stated she agrees with Chairman Scarborough in that all of the issues should be a number 1 priority as they are all equally important, and she looked at them as to what could potentially be funded. 

 

 

County Attorney Scott Knox advised the item is a proposed agreement that would allow Mr. Watrous to sell a home in exchange for a release from the lien that he has that covers the home; and Mr. Watrous would take the proceeds from the sale of his home and apply it toward correcting a lien on another piece of property, which is also a subject of a Code Enforcement Lien.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute an Escrow Agreement, upon approval of that Agreement by the County Attorney’s Office, between Brevard County and James Watrous, the respondent in a Code Enforcement action.  Motion carried and ordered unanimously.  

 

 

Ms. Busacca inquired if the Board can hold its Executive Session to 12:45 p.m. as opposed to 11:30 a.m.; with Attorney Knox responding affirmatively.

 

The Board recessed at 9:58 a.m. and reconvened at 12:45 p.m.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to recess the public hearing and convene the Executive Session.  Motion carried and ordered unanimously.

 

 

*Chairman Scarborough’s presence was noted at this time. 

 

Chairman Scarborough read into the record the Notice of Attorney-Client Private Meeting as follows:  On Tuesday, February 19, 2008, at 11:30 a.m., or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiating and/or strategy related to litigation expenditures in Brevard County v. The Authorized Trustees of Marshall Lodge 3292, et al, Case No. 05-2005-CA-020159-XXXX-XX; the persons attending the attorney-client private meeting will be:  Truman G. Scarborough, Jr., County Commissioner, District 1; Chuck Nelson, County Commissioner, District 2; Helen Voltz, County Commissioner, District 3; Mary Bolin, County Commissioner, District 4; Jackie Colon, County Commissioner, District 5; Scott Knox, County Attorney, Christine Lepore, Assistant County Attorney,  and Angel  Hampton, Brevard  Associated  Court Services, Inc.  He stated the attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C” at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940; and the estimated length of the attorney-client session is one hour or less. 

 

*The Board recessed at 12:47 p.m. and reconvened at 1:00 p.m.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to continue the public hearing to the March 4, 2008 Commission meeting.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca advised the March 4, 2008 Agenda seems to be an average Agenda so far.  Chairman Scarborough stated the Board can try to keep the Agenda light for that meeting.

 

Bill Ellis, The Viera Company, expressed appreciation to the Board for allowing a time certain for today; and stated he would urge the Board that if there is any way to allow a time certain for the March 4, 2008 meeting at 9:00 a.m. or 10:00 a.m., he would appreciate it.  Commissioner Bolin stated she would support a time certain in the morning on March 4, 2008.  Chairman Scarborough stated the problem with having a time certain in the morning is that the Board is only half way through everyone else’s portion of the Agenda; and he would prefer a time certain at 1:00 p.m. 

 

The Board reached consensus to have a time certain at 1:00 p.m. for the public hearing to approve Transmittal of 2007-C Comprehensive Plan Amendments to Florida Department of Community Affairs.

 

 

 

Commissioner Voltz stated Commissioner Nelson requested information on if under existing laws the County Commission can fund Fire Service exclusively with ad valorem taxes derived from Fire MSTU; and the answer was yes, upon compliance with a procedure for increasing the amount of the MSTU millage set forth in existing budget law.   She stated she thought the Board could not fund Fire Service from the General Fund because all the cities pay into the General Fund and they do not receive fire services, so the cities’ part of the funds would go to County Fire Department; and inquired if that is not what the City of Palm Bay took the County to court over, among other things.  Commissioner Voltz stated County Attorney Scott Knox told her she was correct and that he would make that correction. 

 

County Attorney Scott Knox advised the memo itself was correct; the mistake was in the transmittal email that he sent to Commissioner Voltz; and he sent Commissioner Voltz a second email which corrected that.  Commissioner Voltz stated things like that should not be going out since they are public record; with Attorney Knox responding he agrees.  Attorney Knox stated that was the day his daughter went into the hospital and he was not thinking clearly when he wrote it.

 

 

 

Commissioner Bolin stated would like to discuss with the Board the Viera DRI and the consultants the Board has; and she would like Assistant County Manager Mel Scott to describe to the Board what it was looking at as far as the consultants. 

 

Assistant County Manager Mel Scott stated as the Board is aware, the County has received great benefit in understanding the application that was presented to staff as a result of a consultant that was hired to independently review the very complex transportation and traffic modeling that has accompanied the application.  He stated it has enabled staff to understand the application as well as to offer counterpoints and counterpoints-of-view regarding what a transportation mitigation package might be and what that might be that would be adequate as far as the funding of these impacts. 

 

Chairman Scarborough stated the Board has taken action to table the item; and if the Board proceeds with a discussion relating to the item it may be walking on some dangerous ground.  Mr. Scott stated he is about to ask the Board to consider retaining the County’s consultant to do a little bit more work as the Viera Company continues to give staff its transportation data in the next two weeks.  Chairman Scarborough stated whatever the Board does can come back in two weeks.  Mr. Scott stated in the next eight or nine business days the consultant has suggested that for $15,000 any additional modeling received from the Viera Company would enable those in Tampa to perform an analysis of their submittal.  Chairman Scarborough stated this is preparing for the public hearing rather than having a public hearing; with Mr. Scott responding affirmatively. 

 

Commissioner Nelson inquired if the Board is able to do that without Board action; and inquired if it is the purview  of the Department or the County Manager.  County Manager Peggy Busacca

stated the County Manager can sign up to $15,000; but the issue is taking it out of Contingency; and she cannot do that without Board action. 

 

Commissioner Bolin stated the expense of $15,000 would work through the time period until the next meeting to be able to make sure the Board is fully prepared and ready. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the County Manager to assign $15,000 out of Contingency for the

Board’s consultant to remain through the March 4, 2008 Commission meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin noted members of the Viera Company are present to hear the Board has agreed to retain its consultant.

 

Upon motion and vote, the meeting adjourned at 1:10 p.m.

 

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)