MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 28, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 28, 2008 at 1:39 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Commissioner Jackie Colon.

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the July 8, 2008 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated the Board began at 9:00 a.m. with a discussion on the Valkaria Airport Advisory Board; that discussion lasted much longer than was anticipated; that is the reason the Board recessed for lunch late; Board Reports from the morning Agenda were not covered due to time constraints; and he would like to do the Reports at this time.

 

 

County Manager Peggy Busacca stated she asked several staff members to attend the meeting today to give a brief overview of Tropical Storm Fay, impacts, and aftermath of that.

 

Emergency Management Director Robert Lay stated the first slide he wants to show the Board deals with the track of Tropical Storm Fay.  He advised Tropical Storm Fay was a tropical storm that apparently has paid a lot of attention to some of the things that have been done in the County as it continued to seek its way to Brevard County; once she arrived in Brevard County she refused to leave as she really liked it here; and that is part of quality of life in Brevard County that even storms like to come here and vacation.  He stated a tremendous amount of rain was received in the County; in some areas it was up to 25 or 26 inches of rainfall; some areas maybe not so much; but it was a lot more rain than Brevard County has ever had at one time.  He stated on August 17^th the Emergency Operations Center (EOC) began developing shelter plans; they chose

not to use schools because there has to be a lot of coordination in exactly when the schools are going to close; and they decided to use community centers instead of schools.  He noted on August 18^th the policy group was activated; the Governor put out a Governor’s Executive Order; there was a local State of Emergency that went into effect; and they started call outs.  He advised on August 19^th it went to a Level One; that is when people were moved into shelters; that was primarily for people living in manufactured homes and anyone who lived in something that was substandard; and the major concern was tornadoes.  He advised over 750 people were sheltered; and there is still a shelter going that is housing nine people.  He stated there was one pet-friendly shelter, pet shelter, and a horse shelter, which at one point had about 48 horses in it, and today there are 22 horses, nine sheep, and some chickens in it; that is not normal, but when areas are flooded out those animals have to go somewhere or there will be carcasses all over the County; and it seemed to be a good way of trying to make sure the services needed were taken care of.  He stated immediate evacuations were done, repairs were ongoing, pumping was ongoing, providing signage for No Wake Zones, and blocking off roads was done continuously during the storms; in conjunction with that, conference calls were being made with all of the cities, the State, and other counties in the region; there was coordination for disaster recovery centers for damage assessment and both short-term and long-term recovery; and all of those things are currently ongoing and something the EOC has been involved in.  He explained that on the sheltering side, there was over 750 people sheltered; the Salvation Army served over 10,000 meals during that same time period; the Salvation Army and the Red Cross provided over 6,000 cleaning kits for those people who were flooded out; the Salvation Army has a food box that holds enough food for a family of four for two days; and over 335 food boxes were provided.  He advised the shelter at Sherwood Elementary was used, so one school was used.  He stated it was fortunate that the stables were at Wickham Park and available to use during the event.  He stated there were two disaster recovery centers set up in Barefoot Bay and Melbourne; they are in the process of setting one up off of John Rodes Boulevard; and that will cover all of West Melbourne and some of the areas to the north, along with the Eau Gallie area, which is well over 1,400 people impacted in that area.  He stated they are looking at the possibility of using a mobile disaster recovery sight in the vicinity of Cocoa to serve those folks in Cocoa and Merritt Island.  He advised once the sights are moved, announcements will be put out on that, but over 500 people a day are continuing to be served in Melbourne.  He stated all the Damage Assessment Teams from the cities and the County did a great job; they were able to get the information into the State so the Governor could put those numbers together and request that the President of the United States declare damage assessment for both public and individual assistance; public assistance was received first and individual assistance came on a Tuesday; and now the residents can begin to apply for that aide, which is what is needed at this time.  He stated the public assistance was estimated at about $16 million; and the individual assistance was somewhere around $60 million.  He stated there were over 2,200 homes impacted; half of those are manufactured homes; almost another half was single-family; there were 38 multi-family or apartments; and 30 businesses were impacted.  He stated current actions ongoing at the EOC are two tropical storms are being tracked, Gustav and Hannah; he does not know if they will have an impact; but those are being tracked at the same time as taking on the recovery actions from Fay.  He stated it is the middle of hurricane season so everyone needs to be very prepared.     

Transportation Engineering Director John Denninghoff stated he is proud of the overall performance of the Road and Bridge and Transportation staff; each person worked long and hard hours through the entire storm both leading up to, during, and after the storm event; and it was a great deal of dedication effort.  He stated the forecast of the Storm on Monday or Tuesday was that there would be somewhere between four and eight inches of rainfall; in retrospect he wishes there was only eight inches of rainfall; and he never in his career would he think he would be wishing he had only seen eight inches of rainfall in a storm event.  He advised on the first day of the storm event in most locations there was in excess of nine inches of rain; many other locations on the second day had an excess of eight inches of rain; in many locations at least 20 inches of rain was received; and in one instance it was documented in excess of 27 inches of rain.  He stated to put that into perspective, the design standards for a subdivision or site plan typically require design to be able to handle a 25-year 24-hour storm event; the amount of rain for that is about nine inches; and Brevard County had a back to back of a 25-year storm event.  He advised a hundred-year storm event is about 11 inches of rain; to further try to characterize it, most of the County’s roads are designed for a three-year storm event, not a 25-year storm event; quite frankly the systems were not designed to handle this much water; and the County cannot afford to design them for any kind of event similar to this.  He noted it does not mean the system did not function well.  He advised the Road and Bridge and Transportation staff went through all of the standard procedures to prepare for the upcoming storm event; Road and Bridge focused on the flooding; the storm drainage outfalls were checked in subdivisions throughout the County; and that is the first place to see blockage that would result in substantial flooding.  He stated then the major stormwater outfalls and stormwater crossings to look for any blockage that may be there; the systems are routinely cleaned; but before storm events, even if those were cleaned the day before, staff still goes out and checks.  He advised the checking process results in if there is any blockage or anything that would significantly obstruct drainage flow then staff would clear it out; in the Suntree area there is a system that can be adjusted and staff makes sure it is at the appropriate elevation; and in this case it was and so the water was where it was supposed to be at the beginning of the storm.  He explained that during the storm event Road and Bridge staff is out responding to calls of concerns for blockage in the drainage system, flooding in the streets, and during the entire storm he or she was out there working clearing those types of things out; there was no significant or substantial blockage of any systems that was reported to him; he has seen photographs and he personally checked a number of the locations and the system was flowing very well in almost all cases.  He stated there are photographs of men working out in the middle of a 40 mile an hour wind in a rainstorm makes a person feel good that they are dedicated and committed to do that, but also kind of wonder if they really should be out there doing that at times.  He advised one of the things that was noticed as a result of all of those efforts, both cleaning routinely and the advanced efforts associated with the storm event and during the storm event, is the system recovered very quickly, far faster than has been seen in similar types of events in the recent past, such as Erin or Wilma; even the areas that flooded the worst have recovered faster than with those events; and in some cases within 24 hours.  He advised this indicates that a lot of the efforts to improve the system in the past have been very successful.  He stated Road and Bridge responded to over 1,100 calls for either help or reports of blockages, provided substantial efforts and resources to assist Fire Rescue and law enforcement for evacuation, and emergency response.  He noted staff is still experiencing on a daily basis culverts that are failing throughout the County, especially in the Port St. John area; and staff perceives this kind of failures for the next several weeks or months.  He stated just last night there was a major thunderstorm over the West Cocoa area; it raised the outfall along Gray Road by five inches in about an hour; the neighborhood was distressed; that street was just dried out yesterday; the rainfall exceeded the rate of the pumps ability to keep the street dry; and fortunately it only lasted an hour and one-half.  He stated one of the major reasons the County was able to recover is because the St. Johns River, at the beginning of the storm event, was not at a flood stage condition; but another event now would be a much longer recovery period.

 

Commissioner Nelson stated that Road and Bridge has done a great job; on Merritt Island there are about 18 employees, which one is a mechanic, and they are trying to deal with everything on Merritt Island.  He stated one of the restricting factors has been the height of the rivers; to some extent that helped on the St. Johns River; but on the Indian and Banana Rivers because of the windblown water it has actually hurt the ability to get rid of the water; and inquired if Mr. Denninghoff can explain that as people cannot understand why the North Merritt Island area dried out.  Mr. Denninghoff advised the Indian River Lagoon has risen to a great extent, and in some locations there have been reports of it rising up to an elevation three and one-quarter; he has seen reliable information at two point nine and two point eight; East Crisafulli Road has locations on it that are at elevation three point two; and it is about a five or six miles away a drainage system to get through in order to get out to the Lagoon.  He stated it is impossible to move the water very quickly there; the County has been fortunate on sort of the south end of what he calls the Central North Merritt Island Basin, which is east of Courtney; it is fortunate that the Mosquito Control pump located on Hall Road, which there has been supplemental pumping added, has a direct discharge to the Barge Canal; and with the Corp of Engineers agreement to keep the locks open during the low tide periods staff has been able to draw the Lagoon down at that location.  He advised the high point in the water previously was between, before starting the supplemental pumping, was south of East Crisafulli Road; it has been moved and lowered to McGruder Road, north of Courtenay; and that is a combination of those two efforts.  He noted the Lagoon is beginning to come back down again; it has recovered quite a bit but it is still not down to where it was prior to the storm event; and the North Merritt Island’s drainage relies on what level the Lagoon is at.

 

Utility Services Director Richard Martens stated with all of the rain the ground saturated, it saturated rapidly with water, streets and yards flooded, and the old leaky sewer systems in some of the areas filled up with ground water and surface water very quickly; all of the neighborhoods have local pump stations; those pump stations went to high level land maximum pumping situations almost immediately when the rain started; the down line regional and sub-regional pump stations that those neighborhood stations pump to were overwhelmed the first  day;  and  they  could  not  keep up  as  there  were manholes overflowing in many areas such as the South Beaches, Merritt Island, Port St. John, and Barefoot Bay all having the same problem separated by 24 or 36 hours as the storm meandered north.  He advised just after the EOC issued public service announcements on the hazards of the flood waters and the sewage contamination; staff also called 18,000 telephone numbers of residences on the South Beaches and asked consideration in minimizing a non-essential water use; that made a difference; and he wants to take this opportunity thank the community.  He noted the wastewater pumping system, in large part, almost entirely functioned without any problem; that was due to the efforts of County staff who were out there 24 hours a day; staff went into this expecting a rain event, not a hurricane; to a certain extent there was normal shifts for certain people but there were also crews that worked around-the-clock until this last weekend; and this event for staff lasted through the weekend.  He advised even as the flood waters receded, the groundwater leaking into those pipes kept the pump stations, and particular the regional pump stations, at their maximum capacity; and there was continuing overflows in some of the low areas for several days.  He stated the County hired a fleet of tanker trucks to supplement those pumping capacity; and ultimately the system was gotten back under control.  He noted the flows in all of the plants are still running very high, but the water levels at the pumping station have returned to normal; and utility crews are working now, and he is sure will be working the rest of the week and into next week, doing cleanups in some of the problematic locations.

 

Natural Resources Management Director Ernie Brown stated he is going to discuss three basic topics, derelict vessels, beaches, and to briefly touch on the stormwater retrofit infrastructure as it stands today.  He stated staff has gone out and looked at the derelict vessel scenario, and as a result of this event additional vessels that have gone broken away and resulted in derelict conditions; that is on top of the more than 30 vessels currently sitting in the river; and staff removed a little over 75 vessels as a result of the combination of Wilma and the 2004 storms.  He advised staff will work with Fish and Wildlife and the Sheriff’s Office to figure out a way to appropriately address that to ensure that the public safety of waterway users is protected, and the environmental issues associated with those are mitigated.  He stated Tropical Storm Fay did bring to Brevard County an erosion event; the timing of the high tide associated directly affects the degree of erosion; it is safe to say that there was a erosion event on the entire length of Brevard County; while it was an erosion event, the efforts that the Board performed to protect structures did its job; some sand was lost; but no structures or infrastructure are in peril.  He noted while sand was lost, houses and public infrastructure was not lost.  He stated the County’s systems are designed to address a basically 25-year storm event; the flood mitigation projects, through the Stormwater Program, are intended to try to fix or retrofit communities that did not have those structures put in at the time of development; there are over 30 projects on the ground currently to address flood mitigation efforts; and those worked up to the 25-year storm event and then they become overwhelmed.  He stated at that point, there is not much that can be done; there was some damage on a number of the projects as a result of the sheer volume of velocities associated with the storm event; and staff will be looking at those and figuring out how to deal with those.  He advised there are number of other projects in the queue right now to try to address problems that staff knew existed before the storm; and there will probably be a few more areas that will need to be prioritized. 

 

Permitting and Enforcement Director Ed Lyon stated he will touch on damage assessment and where the County is today as far as recovery.  He stated Permitting and Enforcement staff was out in the field as early as Wednesday working with FEMA and State teams hand-in-hand performing the damage assessments, and also coordinating with the other local municipalities; and based on the teamwork and working with them directly, Brevard County was the first county in the State that was qualified and declared a major disaster and qualified for individual assistance for the residents.  He advised staff is focusing on helping the residents; there were building inspectors in Lamplighter Village all day Saturday and Sunday trying to get power back in there; the Park had hired an electrician and FPL to make sure things were safe; and many air conditioning contractors for some of the mobile homes if they did not have damage to the structure itself; there was a lot of damage to the AC ducts and the air conditioners and anything else that was at or near ground level; staff has been working with contractors to issue block permits, issuing them ten at a time, having them to do certain areas so staff can help as many residents as possible; and there was also a permitting office set up in Barefoot Bay yesterday, and staff intends to be back there tomorrow to address the structural damage associated with the tornado that went through there.

 

County Manager Peggy Busacca advised there are representatives from the Water Management District to answer any questions; Mosquito Control is present to give a presentation; and there is various other staff available.  Chairman Scarborough stated the Board can finish up and then go to Mosquito Control as a separate issue.

 

Commissioner Voltz inquired what can be done to move forward with getting more sand for the beaches; with Mr. Brown responding the South Beaches lost about ten percent of the sand that was put there versus the Mid-Reach that lost about five percent of the sand.  Mr. Brown advised the South Beaches unfortunately do not have the ability to go for Federal projects; the burden of any major renourishment project will fall at a local level, whether it is the MSTU process or some other funding mechanism; and staff has explored some of those issues.  He advised staff has looked at an erosion control district; Mr. Knox has provided some information as to the proper recourse to go through that; but staff could move towards an MSTU to see if there is an interest at the local level to begin a funding mechanism to do a larger shore protection project down in the South Beaches.  Commissioner Voltz inquired what about a dredge; with Mr. Brown responding it takes a million and one-half dollars to mobilize one of the larger dredges to even get them started; stated smaller dredges can be gotten; there are challenges with that; and it is hundreds of thousands of dollars a year to actually operate those systems.  Mr. Brown advised those are options that can be looked at but that is a long-term investment for a County that is 72 miles long.  He noted staff has agreed to come back to the Board with some options and those options need to be looked at as far as the long-term beach management strategy for the South Beaches.  He stated there is an Agenda Item today regarding moving the Mid-Reach Project forward, so there is light at the end of the tunnel; and the South Beaches are becoming more of a management strategy need.  Commissioner Voltz stated someone told her they saw on television that in Daytona some kind of machines were rolling sand; and inquired if Brevard County has the sand to do that.  Mr. Brown responded when sand is raked it makes it more susceptible to erosion, so he is not sure what Volusia County’s beach management strategy was with that; it loosens the sand up; and the Board does not want to position itself to lose more sand.   He  stated it is a  requirement  to till after sand is placed for turtle nesting; but it is not something that should be done before a storm, not with Brevard County’s critically eroded beaches.

 

Commissioner Nelson inquired if Ms. Busacca could give the Board some indication of what is being done on the human side; and requested an update of what the County is doing to assist the victims of the flooding.  Assistant County Manager Heidi Denis responded there is a tremendous amount of activity regarding the human service aspect of it; Housing and Human Services are dealing with people who have already been clients and are eligible; and that office is also dealing with new people who staff is becoming aware of because of the storms.  She stated there were a number of people that were dealt with because he or she came to the shelters, they were dealt with through the usual process, but now staff is finding there are a number of people coming forward just realizing he or she have more problems.  She advised she has been working with Mr. Lay and Ms. Williams and both of their groups; they have been talking about the Disaster Recovery Team and making sure there is a process for referring people trying to make sure that everyone gets to the same place in terms of getting all of their information together; and as the different groups and different funding sources come forward, there is a recognition of who needs what.  She noted there are a couple of new ideas in the process that staff is working on; there is a tremendous number of people who have needs; there have been staff who have worked diligently to try to get those folks housing; and that is the strong point that needs to be worked on.

 

Commissioner Nelson stated hopefully the Board is going to talk about where it goes from here at a later date as there are some lessons learned; but he would like to talk about the process itself as there needs to be that human face out there to deal with things.  He advised it is sort of like triage.  Ms. Denis explained when she was speaking to the Health Department they used the term as it is like triage to make sure that everyone gets to the same place so he or she can be case managed; there are a couple of ideas in terms of different organizations that have case managers; and they are talking about all getting together so everyone knows what everyone is doing.  She stated she is like Tropical Storm Fay, she never wants to leave as she is a new resident to Brevard County.

 

Commissioner Voltz inquired how many injuries or deaths were there due to Tropical Storm Fay; with Ms. Denis responding she can answer the one about deaths as there were no deaths attributed to the storm.  Mr. Lay advised there were three injuries due to the tornados in Barefoot Bay.  He stated the most pressing thing for a resident to do now is to register with FEMA; he or she has to do that; if they do not register with FEMA and go out and do a lot of other things, what they will find out is they are not eligible for anything until they register with FEMA; and that can be done on the telephone, computer, and in person.  He stated that is why staff wants to get that mobile DRC up in the Agriculture Center area; there are still people in the shelter; Red Cross is trying to process vouchers for them right now to get them to a place; and all of the agencies are trying to place people.  He advised that a lot of people did not leave home to stay in a shelter; now the mildew is beginning to get bad and those folks are coming to the shelters as they cannot live in that type of a situation; and they are coming in after shelters would normally have been closed.

 

Ms. Dennis advised that is actually building upon what staff is trying to do; all of those people are funneled to one place; and if they sign up for FEMA, those that are eligible will be taken care of.

 

Commissioner Bolin inquired if there is a telephone number or directive since Ms. Denis does have the attention of the public today; with Ms. Denis responding that number is 2-1-1; and stated 2-1-1 is referring all of the folks to either an immediate agency or more likely to the Disaster Recovery Team.         

Commissioner Voltz stated many of the homes around her in the West Melbourne area were flooded; furniture, carpet, and drywall is piled up everywhere; and inquired who is responsible for picking that up.  Solid Waste Management Director Euripides Rodriguez responded inside City limits it would be the City of West Melbourne unless it activates the Interlocal Agreement.  He stated yesterday he had conversations with FEMA; this morning he had a visit from FEMA and the Army Corps of Engineers; they gave him the go ahead to proceed with emergency debris collection; that will be happening this afternoon as far as the notification and the purchase orders being issued; and the two representatives from the current contractor is coming to Brevard County to begin plans of picking the debris up.  He stated at the same time as that is done there will be letters sent out to all the municipalities informing them what the County is doing, and inquiring if the municipalities are going to activate the Interlocal Agreement; if the Interlocal Agreement is activated, the County will take over the responsibility for cleaning that particular jurisdiction; staff will be cleaning up the yard waste, which is isolated; construction and demolition, and the rugs and inert-type of materials will be picked up in a separate pass; but those will be picked through the Contract.  He stated the County will recover 75 percent from FEMA, 12.5 percent from the State, and 12.5 from the local jurisdiction; a reserve has been accumulated for just this purpose; and it will have no effect as far as future assessments are concerned.  Commissioner Voltz inquired who the Contract is with; with Mr. Rodriguez responded Crowder-Gulf and Ashbrit are the two contractors.  Commissioner Voltz stated she thought those were supposed to be just after a hurricane Category 2 or something.  Mr. Rodriguez advised the Contracts are for emergency purposes; the County decided not to call them in for anything below a Category 2; after conversations with FEMA, unless those pre-existing Contracts are used it would put all of the funding in jeopardy.  He stated if a County has gone out for Request for Proposals and a competitive bid process and already have contracts in place, FEMA is requiring the counties to use those contracts or not be refunded. 

 

Commissioner Voltz stated the County has a contract with Waste Management to pick up anything before that.  Mr. Rodriguez advised there is a clause in the Waste Management Contract that allows for negotiations for emergency purposes; that clause uses the word negotiations, and FEMA has indicated it will not reimburse for that.  He stated the rules have changed; during 2005 the County was Waste Management; but now FEMA is telling staff no. 

 

Commissioner Bolin inquired if Mr. Rodriguez could give a timeline that the public can look at; with Mr. Rodriguez responding staff will work late this afternoon and this evening to formulate a plan of attack; stated to begin to bring in trucks, certifying them, and putting them on the road; hopefully by the weekend the trucks will be out there; and staff will probably work all weekend to try to pick up the debris.  Mr. Lay stated the Disaster Recovery shelter on John Rodes Boulevard will open in the morning at 8:00 a.m. for anyone who lives in the West Melbourne area or to the north of Melbourne.  Mr. Rodriguez advised even though contractor’s come from outside of the County, a lot of the crews they hire are local crews; and as people call seeking employment during this type of activity, they are being referred to the contractors.

 

Mr. Brown stated staff asked St. Johns to come in today primarily to be available for any questions the Board may have; and Jeff Sample, Intergovernmental Relations Coordinator out of Palatka, Maurice Sterling, Director of Project Management, and John Giuliani, Local Regional Service Center Director, and Troy Rice, Indian River Lagoon Program are present.

 

Director of Project Management for St. Johns River Water Management District Maurice Sterling stated he wanted to echo the observations of County staff that Tropical Storm Fay was extraordinary; it is clearly well in excess of a 100-year storm; it was not just isolated, it was basin-wide throughout the Brevard County Region and entire upper St. Johns Region; and the rainfall in the coastal areas was even greater than that.  He advised most of the surface water management systems are simply not engineered for that level of event; and to do so is cost-prohibitive.  He noted the Upper St. Johns Basin Project is the big Project south of U.S. 192 that stretches from there to the Florida Turnpike that the District has been involved with for many years; the Project is nearly complete; the last feature of that Project, the Three Forks Marsh Conservation area just west of Palm Bay, is under construction; the construction contract for that last segment of the big Project was let in October with an 18-month contract window; and within the next ten months the Project will be finished and fully-operational.  He stated the District’s observations to date are that the Project performed very well; it is designed and being constructed by the Army Corps of Engineers to provide flood protection to a standard project flood event, which is statistically about a 250 to 300-year storm; and it does have free board to absorb some serious water.  He advised fortunately the levels were at management operating levels when the storm hit; that is a key to be able to manage the system safety and derive all of the flood damage prevention benefits that the Project offers; the management pools were at or below the regulation schedules for this time of year; the way the District typically operates is to draw those levels down in the Summer to provide storage in the big bath tub, if you would, for that impending tropical event; and that is exactly what happened.  Mr. Sterling stated the Project is now full and flowing; the District was pleased that the management levels after the storm did not reach the projected 100-year storm elevations for the management pools.  He stated there are always questions about the big relief canal there at the County line between Indian River and Brevard County, when that is operated, and how that is operated; under the current configuration of the Project, the way the system is plumbed and has been plumbed from the old 1960’s plan that was partially completed and abandoned, and then retooled and re-engineered in the 1970’s, and reconstructed beginning in the late 1980’s; the District does not depend on having to make preemptive discharges in advance of an impending storm, unless the system is full, there is no more storage, and there is another storm coming; but under normal operating conditions, when there is storage in those big reservoirs, the way the system works is for the rains to fill them up, and when and if they reach a design storm elevation the C-54 becomes operational.  He stated in this case, knowing the magnitude of this event, understanding the pump discharge into the Project from  the  Agricultural  growers  to  the  south  of  the  Upper  Basin  Project,  the  District declared an emergency and actually overrode the Corps of Engineers regulation requirements and began to operate C-54 in advance of reaching those target storm elevations in the reservoirs.  He advised C-54 has enormous discharge capacity relative to the management areas that it services; the District did increase some flows out of C-54 to the Sebastian System; over the last several days the reservoir there has dropped, which most folks know as the Stick Marsh Reservoir, just upstream from Brevard County, about one foot and three-quarters in a day and one-half; and that may not sound like a lot, but for a river that falls 25 feet for 310 miles that is a lot of drop in a hurry.  He explained C-54 can handle dropping the water levels in those big management reservoirs to recover the storage that is necessary to aid; and the discharges coming in from the upstream end, there are still growers in the south that are pumping to try to remove water from the citrus groves and elsewhere; but the corner has been turned and the levels in the Upper St. Johns Project area proper are declining now.  He stated they closed one of the gates coming out of Jane Green Creek, the Bull Creek/Crabgrass Creek System, just upstream and west of the river, which will help attenuate flood stages and help flatten that peak out at Lake Washington as well; and levels should be cresting there in the next few days, barring other rains, and that stage will begin to drop down over the next several days.

 

Commissioner Nelson stated he is glad Mr. Sterling brought up the Agricultural issue in terms of the pumping; there are a lot of groves in North Merritt Island; there needs to be a system that addresses both the protection of homes and also the protection of the livelihoods of the farming community; since it has rained everyone has become an expert in drainage; inquired if the District is going to have a process afterwards to do a post-storm analysis of what was done, what should have been done, or what can be done in the future; and if the District is not doing an analysis, would it be willing to participate in one.  Mr. Sterling responded the St. Johns River Water Management District does an after action assessment after every major event; it did one after the 2004 hurricanes to see what worked and what did not; there is always a lesson learned from any event of this magnitude; and the District not only intends to do an analysis, but it would be synergistic of it to invite and include all of the partners affected, including the County, cities, and other entities that have responsibility for the management of the resources as everyone can learn from each other. 

 

Commissioner Nelson stated in trying to figure out exactly where the elevation of the Banana and the Indian River’s were as it relates to drainage, what was discovered was, as part of the budget reductions, two of the tracking stations had been basically decommissioned and were no longer in use to give us that information; inquired if there is any chance those can get up and running again; and advised it would have been extremely helpful to know for the people trying to deal with drainage where the level of the rivers were.  Mr. Sterling stated he will look into it and work with County staff to get those levels back.

 

Bill Kerr stated he represents some property owners in the southern portion of the Basin, near the Water Management District’s projects; the inches of rain received out there were about eight or ten inches; he had a conference call and was going to speak intelligently on something, but the call came while everyone was making their presentations, so that is all he has to say.

 

Larry Harvey stated he wants to thank the County Directors and staff, including the Sheriff’s Office, for everything each person did for him; and further thanked Natural Resources Management, Road and Bridge, and St. Johns River Water Management District.  He advised there are about 500 acres of groves in North Merritt Island; and around Crisafulli Road there are two big groves.  He advised his family tradition is growing a beard when there is a bad storm; and this year versus prior hurricane seasons, his beard has gotten a little longer and a lot grayer.  He stated water has been a real situation problem for them; he knows Mosquito Control structures on Hall Road really helped out the North Merritt Island people; and when the County gets a 24-inch storm it is difficult.  He stated one thing that would really help is a discharge pump at the end of Pine Island Road; it is something that would really help; and it is hard for people to understand when their home is under water.

 

Commissioner Nelson thanked Mr. Harvey as he met with citizens and Representative Tony Sasso; the Board knows about houses flooding, but losing the livelihood of 500 acres of citrus is not a good thing either; and by him explaining that to the citizens it helped the Board.  He advised he and Mr. Brown will be discussing the project that he is referring to, but it is a $3 million project; and the stormwater fees generate about $1 million a year. 

 

Commissioner Voltz stated there were a lot of complaints about animals being euthanized during the storm; and inquired exactly what happened during the storm.  Animal Services and Enforcement Director Craig Engelson responded he does not know what started the emails; advised he received emails that there were 20 feet of water; the Animal Services and Enforcement has done this for many years; they do not have to euthanize animals; and there were less animals taken in during the storm than in a normal week.  Mr. Engelson stated the week before the storm they took in 99 animals; the week of the storm they took in 41 animals; they did not have to euthanize animals to make room for storm animals; he had the Greyhound Park available if he needed it; but that was not necessary.  He noted staff did way too many good things for emails like that to come out that were not verified and not true.

 

Chairman Scarborough stated a lot of animals are safe because of people in Craig’s office working very hard; animals are an issue because when things get bad with water the animals are just as affected as humans; and a lot of things that Craig is good at handling.

 

Commissioner Colon stated she appreciates County staff as many of them worked around-the-clock; and thanked them on behalf of the communities, First Responders, Sheriff, and Fire Rescue.

 

Glenda Busick thanked the Board and County staff; she has property off of Harlock Road by Windover Farms and John Rodes Boulevard; and she had to jack an RV up about three feet to keep it from flooding.  She stated she is thankful the County had them build up four feet for the house because of flooding.  She advised the County did a bunch of culvert changes in the area and it means the drainage has been marvelous or there would have been water to the second floor if it was not for that.

 

Commissioner Nelson advised a lot of folks have gone back to their routine; and the County staff is getting calls from people who are not out of the woods yet.  He stated a staff member answered a telephone call and asked if the water was in the phone caller’s home, the caller said no, and she said that was a good start.  Commissioner Voltz advised the emails were very helpful; she forwarded emails to the appropriate people; and everyone was thankful.  She advised the water was really close to coming into her home; and the Red Cross waded through the water and brought food to her home.

 

Commissioner Colon stated a lot of people go back to their regular lives; many seniors were trapped in their homes after the rain; trucks were needed to get them out; and requested Chairman Scarborough write a letter to the Governor thanking him for declaring a State of Emergency.

 

Mosquito Control Director Craig Simmons stated prior to the storm event the County was experiencing historical mosquito breeding activity; and it was previously alluded to that the County was dealing with drought conditions in the St. Johns River Basin as well as the Indian River that was contributing to some of the issues being dealt with.  He advised the rain event will eventually assist staff in addressing Mosquito Control issue with the Salt Marsh Mosquitoes; the rain event basically filled the impoundments; impoundments are frontline defense for the Salt Marsh Mosquitoes; and that was one of the biggest issues for the past few months that staff just could not get those filled.  He advised the rain events that kept taking place were just brooding mosquitoes for each rain event or rain tide; so the positive out of this are those impoundments are now full and as staff broods off the next three hatchings over the next week and one-half and the flood waters reside, Brevard County should be done with the Salt Marsh Mosquitoes.  He stated unfortunately Brevard County has picked up a tremendous amount of Fresh Water Mosquitoes, which will need to be dealt with for probably two weeks at a minimum.  Mr. Simmons stated the large bodies of waters that are connected right now flowing somewhere staff is not that concerned about; as they stop flowing and separate and become isolated water bodies, they will begin to produce mosquitoes; and the mosquitoes they are going to produce is the Culex species, which carries all of the nasty viruses.  He advised the good news is there is zero virus activity in the County at this time; Brevard County was about ready to have a huge mosquito hatching prior to Fay; and because of Fay there was 40 percent mortality on the current mosquitoes.  He stated in a two week time period there will be major Salt Marsh Mosquitoes hatching; and in that same two-week time period there will be significant fresh water mosquitoes.  He noted some will be working from 6:00 a.m. to approximately 2:00 a.m. to conduct spray activities, except on Saturday night; and staff will be working every single day of the week.  He advised everything Mosquito Control does is data-driven; field staff collects the data during the day; there are light traps and other sources where staff collects data; and that data is disseminated at the end of the day to decide where the worst areas of the County are to address.  He noted there are approximately 60 employees from Mosquito Control that addresses the entire County; 50 of those employees are direct-operational field staff; it takes typically five to seven days to address every inch of the County from one side to the other; that is done by ground and air; and at this point in time, the big issue is that there is zero virus activity and there is a two-week period that will be kind of rough.  He requested that citizens stay indoors; if a person does not have to venture outside in the effected  areas  do  not;  if a person is going outside, wear long-sleeve shirts, long pants, and 35 percent Deet as it is the most effective; and anything more is overkill and anything less is not as good.  He stated people should police their yards; well-kept grass and shrubbery does not give the insects a place to hide; and the chemicals Mosquito Control does spray becomes more effective.  He advised doors and windows should be sealed; clean out gutters and things in the yard that hold water; people can also make sure their screen porches are repaired during this time period; and there are many things the citizens can do as far as going to a home improvement store, purchasing a personal fogger, or some other thing like that could help address people’s personal issues.  He stated staff is now looking at zero virus activity, but the mosquito that is going to be produced has the potential of doing so; staff will be diligent in monitoring that; the big concern is that other mosquitoes have a life-span of six months and over winters; and that means there is a potential of having a large group of mosquitoes that spread disease when all of the birds come in to migrate, which means it could definitely have an impact next year depending on what kind of viruses are out there.  He stated it is a two to four-week event; two weeks will be rough; but this is all predicated on what kind of additional water Brevard County receives.  He advised Mosquito Control is working with federal officials at this time trying to get the data collected in order to enact the Emergency Aerial Contract with the State; some data should be delivered to them the middle of next week; depending on how this progresses and what type of additional rain events Brevard County may receive, additional contractors can be brought in; but through this weekend until mid next week it will be Mosquito Control staff working around-the-clock.

 

Commissioner Voltz stated Mr. Simmons advised there would be a two-week bad period; and inquired when that will begin.  Mr. Simmons responded this week and through next weekend; stated typically what happens is when the rain falls the mosquito eggs sitting there for months, or even years, hatch immediately; and there are a few mosquitoes produced from that and then in five to ten days there will be a major brood.    

 

Chairman Scarborough inquired if Mr. Simmons needs additional resources; with Mr. Simmons responding not at this time; stated staff is monitoring the budget, reallocating needed things; things are tough, but staff has the ability to plan for the worst and hope for the best; that is basically what is done in Mosquito Control; and with the Board’s assistance and bringing the things back into the budget that were originally cut, staff thinks it will be fine.  Chairman Scarborough stated the Board was discussing reducing all of the millages, and Commissioner Voltz advised the one thing that cannot be reduced is mosquitoes; unanimously the Board said the one budget that will not be reduced is mosquitoes; and the Board understands it is more than just annoying it can become a health issue as well.  Mr. Simmons advised Mosquito Control will spend $300,000 on chemicals in the next five to seven days; a Change Order is being processed today for probably about $500,000; the normal annual budget for chemicals is $700,000; but this year it will be close to $2 million.  Chairman Scarborough stated the Board may need to supplement that budget.  Mr. Simmons advised he is not at a point where he can say yes, or no on that.  Chairman Scarborough stated he understands but the Board stands ready to make that allocation; and the problem could get worse if the County does not spend the money in a timely manner.

 

Mr. Simmons advised if individuals are interested in what the spray schedules are going to        be       and     where      will   be    sprayed     nightly,     go    to    the  website   at www.brevardcounty.us\mosquito; look underneath the service spray area line; there are also brochures in the back of the room today; and he provided them to Space Coast Government Television so those can be put online.

 

Commissioner Colon stated last week when the Board was being briefed about getting ready for the mosquitoes, one of her questions was regarding the manpower, and concern over the fact that the County is going through some budgetary issues; but the Board wanted to be ahead of the game.  She inquired how many trucks or airplanes go throughout the entire County in one day; with Mr. Simmons responding mostly the entire Mosquito Control staff is going out every day; and stated there are 60 employees, 50 of them are field staff.  County Manager Peggy Busacca inquired how many air ships; with Mr. Simmons responding three rotary wing aircraft and one fixed wing aircraft to cover the entire County.  Ms. Busacca inquired how many trucks are available; with Mr. Simmons responding 37 spray trucks and other modified trucks that are dual trucks as well.  Commissioner Colon inquired if there will be 37 trucks out at the same time; with Mr. Simmons responding the main operations are out of Titusville and Valkaria; stated depending on where the activity is taking place during that particular night is where the trucks go; but the easiest way to explain it is that there are 95 zones throughout Brevard County; inspector/sprayers are assigned to one or two of those zones; and depending on where the activity is, those zones are identified for spray activity.  He stated he cannot give an exact number of how many roll out every night because if everything is down south the south personnel will be utilized mostly and also roll in some aerial units.  He stated some people have returned back to their normal lives and there is no issue for them; but he wants to make every be aware to be patient; there are people out there who do not have power whose homes are flooded; and staff is trying to address those areas, especially if they had heavy mosquito populations.  Mr. Simmons stated a landing rate, which is something the inspectors do, where they go out and stand outside for a minute and count how many mosquitoes land on them; it is something staff has to do as far as data collections; it sounds odd but you can get a landing rate in one area of ten and people are going to think that is bad; but he is running at 50 or 60 somewhere else; and people need to be aware that the reason those other areas are being sprayed is because they are worse or will be worse.

 

Commissioner Colon stated she would like for Mr. Simmons to take up Commissioner Nelson’s take on the fact that he is not supposed to be in staff’s hair; and he would like to volunteer to see how many mosquitoes land on him.  Chairman Scarborough inquired if the County has to pay for some blood transfusions; with Mr. Simmons responding not yet.  Commissioner Nelson advised he calls Mr. Simmons for a rate when he runs from his car to his house.

   

County Manager Peggy Busacca stated the Board has been distributed an Agenda Item for approval of amendments to a Contract with Naztec, Inc. and United Signs & Signals, Inc. to allow the County to have reimbursement during emergencies from the Federal Highway Administration; and requested the Board approve the item.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute First Amendment to Contract with Naztec, Inc. and Second Amendment to Contract with United Signs & Signals, Inc. for repairs needed during declared emergencies.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca stated the Board asked staff to find a time and date for an additional Budget Workshop; staff has been unable to identify a full day Workshop; the time staff has been able to find and coordinate with the Commissioner’s calendars is Thursday, September 4, 2008, beginning at 12:00 p.m.; and requested that the Board approve that date.

 

Chairman Scarborough advised there is already a Regular meeting scheduled beginning at 4:00 p.m.  Ms. Busacca responded affirmatively.  She stated it would bring the Board from noon through the Regular meeting at 4:00 p.m., and then the Zoning meeting at 5:00 p.m.  Chairman Scarborough stated the Zoning meeting at 5:00 p.m. is going to be an extremely light meeting; and it is like one of these things where Assistant County Manager Mel Scott attends and Ms. Busacca stays home.  Chairman Scarborough inquired if there is any way to have the meeting earlier than noon; with Ms. Busacca responding 12:00 p.m. is as early as staff could get all five of the Commissioners together.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to schedule an additional Budget Workshop for 12:00 p.m. on September 4, 2008.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox stated under Florida Law the County is responsible for providing indigent representation in cases where a County Ordinance violation results in a jail sentence; the County had a Contract with the Public Defender’s Office; that Contract has expired; there is a person who has been accused of violation of a County Ordinance, which has a potential for a jail sentence; and he will be looking for representation.  He advised the Contract needs to be renewed with the Public Defender for $50 an hour otherwise the County will be paying for a private-sector attorney.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement with the Public Defender of Brevard County for the purpose of representation of defendants charged with violations of County Ordinances that involve the sanction of jail time.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated there is a conflict between the Septic Tank Permitting Code with the State; what has happened is that it has been built to State standards; the County has a more restrictive standard; he met with staff and they do not know why it is different; there is a house that is completed; and now they are saying there is no particular reason that the County should be more restrictive.  He advised the Health Department does know why the County would want to be more restrictive except in very special areas along Lake Washington; but the house at 1605 Newfound Harbor is finished; the only choice is to be bureaucratic and make them tear out sod and build it to the standard that he would like to change, or to have the Board allow this to meet the State standard instead of County standard; and then to proceed with directing staff to amend the Code to match the two up.  He advised they are ready for the Certificate of Occupancy (CO); and these folks cannot even move in. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to direct staff to issue a Certificate of Occupancy (CO) to 1605 Newfound Harbor, Merritt Island, meeting the State Code; and granted permission to advertise a Code amendment to septic tank permitting, bringing it up to compliance with the State.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated she got most of her answers earlier regarding the beaches and Animal Control during the storms.  She stated she was able to tour Barefoot Bay; it is quite a mess down there in one specific section; from what she understands, the three injured people did not require any sort of medical help at all; and the citizens are fortunate that it was not worse.  She advised Governor Crist did come to Central Florida and she was grateful for that.  She thanked the Red Cross for bringing the citizens food.

 

 

Chairman Scarborough stated the State purchased this old rail track that leads from Titusville up into Sanford and Volusia County; there is a State requirement for developing a Management Plan; one of the requirements is that he states the date and time of the meeting; and the date of the meeting is September 17, 2008 at 6:30 p.m. in the Brevard Room across from the six-story courthouse in Titusville.

 

 

Commissioner Bolin read aloud a resolution recognizing Kyle Reich Shull for attaining the rank of Eagle Scout.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Eagle Scout Kyle Reich Shull for achieving the highest honor achievable within the Boy Scouts of America Organization.  Motion carried and ordered unanimously. 

 

 

Commissioner Bolin advised that Kyle was not able to be at the meeting today; and inquired if the parents would like to speak on Kyle’s behalf.

 

Mr. Shull thanked the Board for recognizing his son and all of his hard work; and advised it is greatly appreciated.  Rosa Shull stated that Kyle is at Embry-Riddle; he plans to study CIL Engineering; and she and her husband are both Air Force; but Kyle has chosen to go into Navy ROTC, breaking a three-generation tradition.

 

 

Commissioner Nelson read aloud a resolution proclaiming September 17 – 23, 2008, as
Constitution Week in Brevard County.

 

Motion by Commissioner Nelson, seconded by Voltz, to adopt Resolution proclaiming September 17 – 23, 2008 as Constitution Week in Brevard County.  Motion carried and ordered unanimously. 

 

 

A representative of the Daughter’s of the American Revolution stated the Resolution is appreciated; and she hopes everyone will celebrate the week of September 17 – 23, 2008.  She stated they are also asking all churches and other organizations that might have bells or chimes to ring them on September 17^th at 4:00 p.m. proclaiming when the signing of the Declaration of Independence was done.  She advised all of the ladies at the podium are members of the Daughter’s of the American Revolution; they are from the Phillip Perry Chapter in Cocoa; there are five Chapters in Brevard County; and if anyone has lineage that can be traced back to the American Revolution, they would love to have them.

 

 

Commissioner Bolin read aloud a resolution recognizing Nathan Daniel Johnstone for attaining the rank of Eagle Scout.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Eagle Scout Nathan Daniel Johnstone for achieving the highest honor achievable within the Boy Scouts of American Organization.  Motion carried and ordered unanimously. 

 

Nathan Daniel Johnstone stated he wants to thank his mother because if it was not for her he would not have gotten to this point as she has been behind him all of these years; and he also wants to thank all of the people in scouting.

 

Janis Walters stated whereas Steven Borwoski received this award for his efforts in rallying the support of local Airport tenants and users; inquired why the Board is recognizing, saluting, or otherwise rewarding political activism by staff; and further inquired what message is the Board sending.  Ms. Walters inquired if the Board is sending the message that County staff is free and encouraged to rally special interest groups to influence the outcome of County issues; should the Natural Resources Management Office rally the Sierra Club; should the Building Department rally the developers; should Human Resources rally organized labor; and should Parks and Recreation rally the boaters or the Friends of the Manatees.  She inquired if County staff holds a politically neutral stance and carry out their prescribed duties as directed by the Board of County Commissioners through the County Manager and senior staff, and in accordance with official County policies and not in furtherance of a personal interest of political agenda.  She stated whereas Steve Borowski received the award for efforts in rallying the support of local Airport tenants and users; in any other department what is being recognized and commended would very likely be grounds for reprimand, if not disciplinary action; and the Board wonders why there are problems associated with Valkaria Airport and its Manager. 

 

Curt Lorenc stated he agrees with Janis’s comments; his are the same; and he wants to point out when there was a more neutral Airport Manager, Jim Shimkus, that kept both sides at arms-length and treated them equally that things were much more civil, polite, and ate up much less Commission time.  He stated it is inappropriate to reward political activism by staff and they should be neutral.

 

Commissioner Voltz stated last budget season some of the staff members were told to rally the troops and come down here and fight for their budgets; staff does have a record of rallying the troops; and the audience has been filled with people from the Library, Arts, and Environment.

 

Commissioner Voltz read aloud a resolution recognizing Steve Borowski as 2008 Aviation Professional of the Year.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing Steve Borowski as 2008 Aviation Professional of the Year by the Florida Department of Transportation and the Florida Airports Council. 

 

 

Commissioner Nelson inquired if Commissioner Voltz would considering changing the wording  on  the  Resolution  to “working with”  as  opposed  to “rallying;”  with  Chairman

Scarborough responding Commissioner Nelson needs to move to amend the motion would be the appropriate way.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution recognizing Steve Borowski as 2008 Aviation Professional of the Year by Florida Department of Transportation and the Florida Airports Council; and amend the Resolution from “efforts in rallying the support of local Airport tenants, and users” to “efforts in working with the local Airport tenants, users, and the community.”  Motion carried and ordered unanimously. 

 

Commissioner Nelson stated he asked Troy Rice to make a presentation today on the Economic Assessment and Analysis that was done for the Lagoon.

 

Director of Indian River Lagoon National Estuary Program Troy Rice stated he wants to handout some of the information on the Study; and then he will turn it over to Dr. Grace Johns, Hazen and Sawyer, P.C., who performed the study.

 

Dr. Johns stated she is going to summarize the methods and results of the Study, but there is a lot of information she will not be talking about in the interest of time; but she wants the Board to recognize that there is a final report on the Valuation Project of the Indian River Lagoon that is available from Hazen and Sawyer or on the Indian River Lagoon website.  She advised many people participated in conducting the Study; she was the Project Manager; there were Economists from Hazen and Sawyer, P.C.; survey researchers at Perceptive Market Research; and assistance of Economics Professor J. Walter Milon from University of Central Florida.  She stated one of the things that was done was they estimated the recreational uses of the Indian River Lagoon in 2007; estimated the economic contributions of Lagoon-related recreation expenditures by visitors and residents; Lagoon-related commercial fishing dockside value; and Lagoon-related research, restoration, and education expenditures.  She noted economic contribution is the contribution of all of these expenditures and values to output in the five-county area income, employment, and tax revenue; output is the value of goods and services produced in the five-county Indian River Lagoon system; and income is what the residents of the five-county Indian River Lagoon system get to keep.  She stated they also estimated the recreation use value of the Indian River Lagoon in its existing and improved environment condition; recreation use value is the additional amount of money that recreators of the Lagoon would be willing to pay per trip if the Lagoon is maintained in its existing environmental condition; and they also got that value if the Lagoon was maintained in an improved environmental condition.  She stated they estimated the non-use value of the Lagoon in its existing and improved condition where non-use value goes beyond the actual uses of the Lagoon; and it is how a person values knowing that the Lagoon’s environmental quality is good.  She advised finally they estimated the value to residents living on or near the Lagoon for aesthetic properties and because it is a lot easier to use the Lagoon if a person is right on it or near it.  She advised the five Indian River Lagoon counties are Volusia, Brevard, Indian River, St. Lucie, and Martin; the values they estimated represents an annual value in the year 2007; they did not estimate the value of the Atlantic Ocean beaches; and they specifically estimated the value of the Lagoon system.  She stated they spent a lot of time and effort estimating the values; in terms of recreation benefits to visitors and residents, which includes their expenditures and use values, they conducted a telephone survey of 1,000 residents in the five-county area; of those 1,000 people, they surveyed 200 residents per county; they also did an intercept survey where they asked visitors to go through a survey with them; they surveyed 392 visitors and of that amount 100 were surveyed in Brevard County; and the survey’s were conducted in 2008 where the people were asked what he or she did and how much was spent in the previous 12 months related to the Indian River Lagoon.  She stated for use value they included contingents valuation survey questions; they took the survey results, inferred what the total expenditures would be, input that into an economic input/output model to estimate the economic contribution; and that took the most time and the most budget.  Dr. Johns stated the next part is the value of living on or near the Lagoon; they estimated the impact of the Lagoon on property values using a statistical analysis of the 2007 property data from the five-county Property Appraiser’s Offices; 10,000 parcels evaluated away from the Lagoon and on the Lagoon; they ran the statistical analysis; and the results were used to infer the value of living on or near the Lagoon in 2007.  She advised the last of the three did not take as long; and for commercial fishing they obtained the 2006 landed ex-vessel value of the fish species caught from the Lagoon and put into the in-plan economic input/output model to estimate the economic contribution.  She stated regarding the research restoration and education expenditures in 2007, they surveyed all of the agencies and found out how much they spent in terms of Lagoon-related efforts in those areas.  She stated non-use value goes back to the surveys; they included contingent valuation questions related to non-use value.  She advised when they say economic contribution, it is what happens when a person says he or she spends money on recreation in the Lagoon; that money kind of gets re-spent within the economy; and some of the money leaves the area, some stays in the area, and the money that stays in the area is the income to residents.  She stated the recreational uses of the Indian River Lagoon in 2007 are being measured in person days; a person day is one person participating in a recreational activity for all or a portion of one day; they only count the primary activity that the resident or visitor participates in that day as a person can participate in more than one activity on the Lagoon during the day; and it only counts one person per day of activity.  She stated they also asked the people what he or she did; of the 10.9 million person days spent on the Lagoon in 2007 about 40 percent of those person days, or about 4 million person days, were spent fishing; the next most common activity was swimming or wading on the Lagoon with 22 percent of person days or 2.2 million person days; power boating, including skiing, tubing, and cruising was the next most popular with 1.4 million person days; and then the list goes on.  She stated $1.4 billion was spent using the Indian River Lagoon in 2007; this measures part of the economic value of the Lagoon; and in addition generates contributions to the economy in terms of output, income, employment, and tax revenue.  She stated they estimate that residents spent their expenditures on recreation on the day that the Lagoon was used totaled about $271 million; visitor recreation expenditures on the day that the Lagoon was used totaled about $532 million; and those are expenditures like fuel, lodging, food, anything bought in the Lagoon counties.  She stated they also estimated that residents, as he or she purchases boat-related expenditures, including the boats, they tried to capture that and allocate a portion to that to the fact that they bought it because they want to use it on the Lagoon; they estimated about $498 million was spent in 2007 by residents; the residents spent it in different parts of Florida; but they spent it for the purpose of recreating on the Lagoon.  She stated about $91 million was spend on restoration, research, and education related to the Lagoon; and about $3.8 million is the commercial fishing dockside value, so it comes to $1.4 billion.  Dr. Johns advised that $1.4 billion was itemized in terms of the different things it represents and input into the in-plan regional input/output economic model to get the direct/indirect and induced income jobs and tax revenues and output to each county and to the five-county area, which is all in the document.  She referred to a table itemizing the economic contribution for recreation expenditures, boat expenditures, funding, and the dockside value; the total value of output in the five-county area, because the Lagoon existed in 2007 in its existing condition, was $1.6 billion in output produced; in addition, that generated $629 million in income, such as wages, salaries, and profits; that is the income the five counties got to keep; and it generated, or supported 15,000 jobs, and generated $111 million in tax revenue.  She stated recreation expenditures in Brevard County related to the Lagoon generated $100 million in income; and the employment was 3,100 jobs.  She stated the total output for Brevard County would be $640 million; the total income kept by residents in Brevard County was $252 million; 6,000 of those 15,000 jobs would be in Brevard County; and $44 million of the $111 million would be in Brevard County.  She stated the economic value of the Lagoon in 2007 in its existing condition that value is $3.7 billion.  She noted recreational expenditures and recreational use value is equal to the total value of the Lagoon to the recreators of the Lagoon.  She stated in looking at the recreational expenditures on the day of use, Brevard County recreational use was 4 million person days and recreators spent $301 million on the Brevard County portion of the Lagoon; they were also able to break out $173 million of the resident boat expenditures; and the sum of those two is the value of the Lagoon to Brevard County visitors and residents who recreate on the Lagoon.  She stated the total annual value is $1.2 billion; and actually if she plays around with the fishing and the research restoration $1.4 billion is the value of the Lagoon to Brevard County.  She stated the rest of the Study is a summary about how valuable the Lagoon is, it is worth in 2007 $3.7 billion a year; and for Brevard County that number is $1.4 billion.  She stated a large portion of the Lagoon’s value is embedded in its property values; recreational users and residents would be willing to pay about $80 million per year to improve the environmental quality of the Lagoon; this is for all five counties; and this value does not include the expected increases in recreation expenditures, real estate values, and commercial fish harvest that would be expected if the quality of the Lagoon is improved.

 

Commissioner Nelson inquired what type of improvements is Dr. Johns speaking of when she talks about $80 in improvements; with Dr. Johns responding that is completely restoring the Lagoon.  Commissioner Nelson inquired if those are stormwater projects; with Dr. Johns responding yes, everything that has not been done yet will be done.  She stated the actions to improve the water, sediment, and eco-system qualities of the Indian River Lagoon above existing levels include removing accumulated, harmful muck sediments from the bottom of the Lagoon throughout the Lagoon system, restoring and reconnecting additional wetlands, so that all the wetlands are restored and functioning as wildlife  and fisheries  habitat,  diverting  additional  freshwater  flows  away  from  the Lagoon, and treating additional stormwater discharges from future development in the watershed.  She stated this is in addition to what is being done now; and residents would be willing to pay $80 million more a year to get it all the rest of the way.  

 

Commissioner Nelson advised that Troy Rice is the Director of the Indian River Lagoon National Estuary Program; it is a great Program; and it is another one that Chairman Scarborough assigned him to.  He stated Brevard County forgets that it has 40 percent of the Lagoon; and he is a major contributor to those numbers because he lives on the water, he has a boat, and spends a lot of money on that boat.  He thanked Mr. Rice and Dr. Johns for their presentation.      

 

Ron Morgan with the Brevard Commission on Aging stated he has good news for the Board.  He is pleased to announce the formal commencement of the Brevard County Prescription Discount Card Program; it was a joint effort with the Brevard Commission on Aging and Housing and Human Services Department; the research was done many months ago; but they did not know that there were 82,000 residents without any prescription assistance programs in the County.  He advised it is the third highest rate in the nation.  He stated joining with the National Association with Counties they can now provide the Brevard County Prescription Discount Card to everyone in the County; it has been an effort between the Commissioners, cities, and 200 agencies and pharmacies; and he wanted to give special thanks to Ross Clark with Suntree Pharmacy for his assistance.  He stated the first cards were received in mid-July; thanks to a great article in Florida TODAY, HHS received over 500 emails and phone calls; HHS immediately dispatched the available cards to these residents; and they have actually received the first monthly report, of 223 card users, resulted in the savings of $2,000 for Brevard County citizens.  He stated the card even covers those that have been impacted by the Medicare Part D coverage gap; Part D is a gap between $2,000 and $4,000 with no coverage, and this card will provide that coverage with an average savings of 20 percent.  He extended thanks to the Board for fine leadership in this effort; and further thanked the Florida TODAY and all of the news media throughout the County that has enabled the card program to be jump started.  He thanked staff of Space Coast Government Television on the fine public service announcement produced.  Mr. Morgan played a video for the Board and the audience.

 

Chairman Scarborough inquired if people in the audience today can pick up a prescription card today; with Mr. Morgan responding yes.

 

Commissioner Voltz stated she remembers several years ago former Commissioner Ron Pritchard brought this up; she does not know why it was not done then as it could have been in place for several years; but she is glad it is happening now.

Commissioner Bolin stated she wants to do staff recognition to all of the Departments that assisted with Tropical Storm Fay; all 26 Departments of Brevard County were responsible for different aspects of the work that needed to be done; at least two-thirds of the County’s 2,500 employees responded on Monday, August 18, 2008; some worked 36 continuous hours; many worked 12-hour alternating shifts to provide 24-hour coverage; and many worked the tenth consecutive 12-hour day.  She stated all other County employees are now just starting their work as far as the response to cleanup and the massive recovery effort needed; so this is a big thank you to the staff of Brevard County.  She advised the Emergency Management Operations had opened and was working 24-hours a day; there were at least 75 people there for the four days last week; Housing and Human Services began coordinating sheltering for special needs clients on Monday, cared for them throughout the storm, and continues to work closely as heard earlier with the Health Department, 2-1-1, United Way, and the Long Term Recovery Coalition to assist in the needs; Space Coast Area Transit provided the transportation to the special needs shelters and to the four Red Cross Shelters from Tuesday until Sunday; and also provided transportation to the evacuees of the Cities of West Melbourne, Melbourne, and West Cocoa; they continued normal operations on Tuesday morning and resumed to continue through Friday.  She advised that Library Services staff, with the Supervisor of Elections, helped to receive the voting machines and to prepare for Tuesday’s election; the Martin Luther King, Jr. Library was open as an Emergency FEMA Recovery Assistance facility; Criminal Justice Services employees assisted with special needs response to the EOC, and staff at the Pre-trial Release Unit at the Jail provided information as to the Court proceedings; and there was actually 173 inmates that went to court at the Jail during this time, Tuesday through Friday.  She stated Parks and Recreation had provided facilities and staffing for the special needs shelter at the Viera location, the Red Cross shelters, and throughout the different community centers; Animal Services responded to 817 service calls, evacuated 75 animals, and still have 17 in care; staff is still doing this because there are animals who still need assistance; and staff is working 24 hours.  She advised Solid Waste had secured facilities in advance to restart operations on Friday, moved 58 tractor trailer loads of solid waste over the weekend for a total tonnage of 1,108 tons so that the facilities could be open today and ready on Monday to receive the normal debris.  She noted flood waters caused the biggest problems, but the Utilities Services Department operated six water reclaim facilities and 259 wastewater pumping stations 24 hours a day to keep the system going; Traffic Operations was dispatched by the EOC and repaired 86 mutual municipality, County, and State intersections; and they also made 175 signs for flooded areas.  She advised the Facilities Department responded to over a dozen reports in the County facilities; staff coordinated the emergency response by roofers and flood mitigation contracts to get the corrective measures needed; and at the height of the storm, the staff members moved dozens of County facility cars out of the parking lot that was completely flooded to higher ground.  She stated Central Services Fleet staff inspected and monitored the fuel supply, which was needed during the storm; and also began servicing some of the damaged vehicles immediately so they could be put back into use.  She explained the Planning and Zoning staff compiled situation reports for State and other Governments reporting throughout the day summarizing the wind damages; staff got all of the data and put it into a form that people can understand so recovery can begin immediately in filing for the FEMA requirements.  She stated the Permitting and Enforcement staff coordinated the damage assessment so the County could get the monies from FEMA needed to recover.  She stated Space Coast Government Television staff did over 200 written public information alerts to be issued through the EOC; staff members provided dozens of media interviews; staff conducted briefings for the Governor, congressional and State Legislative leaders, and federal and State Departments.  She advised Mosquito Control were in action but staff’s primary response is just beginning; get 35 percent deet; and wear long sleeves and stay inside.  She stated the Budget Office is now beginning to tabulate and coordinate with State and federal reimbursement to be certain that the County can get reimbursement as soon as possible.  She stated the Emergency Management staff works year-round and very hard.  She stated the County Administration in Brevard County were all out there to assist in this time of need and staff was superb; and staff recognition is to everyone who assisted and those who are just starting and her hat’s off to them.

 

   

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Change Order #4 with Aquatic Plants of Florida, Inc. to install sea oats along engineered dunes as funded by FEMA.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Grant Contract Number G0249 with State of Florida, Department of Environmental Protection (DEP) accepting 60:40 State cost-share for improving the Valkaria Lakes drainage system; authorize budget change requests, as necessary, for the Project; and authorize Natural Resources Management Director to administer the grant and Project for the Town of Grant-Valkaria, per the existing Interlocal Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize disbursement of education facilities impact fees in the amount of $2,660,046.40 to the
Brevard County School Board in accordance with the terms of the Interlocal Agreement; and authorize the Budget Office to execute any budget changes required to implement this disbursement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolutions and executed Highway Landscape Construction and Maintenance Memorandum of Agreements with the Florida Department of Transportation (FDOT) for sidewalk construction and maintenance on two projects located on the State-maintained rights-of-way of SR 5/US 1 (Walgreens at PSJ) and SR A-1-A (Melbourne Beach Hilton).  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Amendment Number 1 to Joint Participation Agreement with Florida Department of Transportation (FDOT) for additional funding in the amount of $150,000 for landscape improvements on State Road 3 (SR 3); and adopt Resolution and execute Highway Landscape Construction and Maintenance Memorandum of Agreement with FDOT for installation and maintenance of the landscaping improvements within the FDOT right-of-way of SR 3.  Motion carried and ordered unanimously. 

 

                                 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with City of Palm Bay for emergency maintenance of their existing traffic signals.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Subordination of Leasehold Interest and Bill of Sale in favor of the City of Melbourne for a waterline easement for the Nieman Avenue Fire Station #67.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolutions modifying Resolutions 2008-160, 2008-165, and 2008-166 for Constitutional and Local Option Fuel Tax Revenue Bonds; execute Interlocal Agreement with City of Melbourne; and authorize the Chairman to execute any needed Budget Change Requests necessary for this action.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve application and 2009 Annual Plan of Service, to the Florida Department of State, Division of Library Services, for State Aid to Libraries for FY-2008-2009.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Bolin, to adopt Resolution and accept Conservation Easement in favor of SJRWMD for mitigation projects on County lands.  Motion carried and ordered unanimously.  

                         

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve renaming The Brevard County Senior Center at Melbourne to The Wickham Park Senior Center.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve elimination of Board Policy BCC-71, Funding for Space Coast Area Transit Special Trips.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve issuing a FY 2008-09 purchase order to extend services at the current rate for two months through November 30, 2008, to Alternate Image for website development and maintenance services.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve an amendment to Agreement to extend Services for two months through November 30, 2008 at the current rate for The Buchanan Company for sports promotion and development services; and authorize the Chairman to execute the amendment to Agreement for The Buchanan Company.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant Purchasing Services approval to perform the following actions regarding the attached list of commodities and services for Fiscal Year 2008/2009:  (1)  Solicit competitive bids, quotes and/or negotiate competitive agreements and award to lowest, responsive and most qualified supplier; (2)  Solicit competitive proposals, establish Selection Committee, and award contracts with the best-ranked proposals, and authorize execution of the contracts; (3)  Exercise renewal options stated upon evaluation of supplier performance and recommendation from user departments/offices; and (4)  Authorize the Chairman to execute contracts and contract renewals over $100,000 in annual value.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-37, Final Action for Collection of Delinquent Fees.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-10, Tool Reimbursement Policy.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve waiving of the competitive bid requirements and authorize the sole source purchase of a 75’ ladder fire truck from Sutphen Corporation at a price of $578,073.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the IAFF (Local 2969) Union Collective Bargaining Agreement for Brevard County Firefighters and Fire Rescue personnel.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute the Amendment to the BellSouth Business Master Agreement for Regulated Services and Volume & Term Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continuation of Policy BCC-69, Employee Innovations Program.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the recommended modifications to Policy BCC-05, Zero Tolerance of Workplace Violence.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairman to sign the State-funded Subgrant Agreement for hazard analysis of Section 302 Facilities with extremely hazardous substances, granted by the State of Florida, Division of Emergency Management; and authorize the County Manager or her designee to sign all and any subsequent documents associated with the Grant.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the minutes of the TEFRA Public Hearing; approve an authorizing Resolution and related documents; and authorize the Chairman, Clerk, and County Attorney to sign the Resolution and related documents for the Brevard Zoo, to take necessary steps to acquire tax exempt financing of their new improvements project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the FY 2009 Brevard County Community Cultural Grant Handbook.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the purchase of equipment for Florida Highway Patrol (Troop D) in the amount of $4,973 in accordance with Section 932.7055(5), Florida Statutes; and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint and/or reappoint Anthony Masone to the Landscaping, Land Clearing, and Tree Protection Task Force, with term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

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

George Van Staden, President of North Brevard Senior Center, stated the document being reviewed today has been under various kinds of scrutiny by various groups over a couple of years; he has attended those as a representative of the North Brevard Senior Center; he represents 700 or 800 members; in the Winter there are 700 more people; and there is a Board of Directors consisting of about 20 people.  He advised the Board has consistently following this Project; the small lake contemplated in the year 2000 is getting closer and closer to reality; and the most exciting thing about it is that there will not only be a small lake, but with the help of the City of Titusville and unexpected volunteer sources of support one of the nicest small lakes that a senior center ever had in the State of Florida.  He noted right next door to the main building there will be a park with a nice small lake; there will be walkways around the lake; it will help the seniors exercise and stay healthy; and there is the greatest influx of seniors in the history of North Brevard County and Titusville.  He advised the seniors are coming in spite of the recession, in spite of the cost to travel, and they are staying here; and the greatest generation is growing older.  He stated he will be 90 in June; and he is about to be re-elected as President of the Senior Center for a fifth term.  He stated when he finally retired he chose the Senior Center as a thing that is so rewarding; there are people like him; and some of them are younger.  He explained the mission of the whole Center, which was born some 20 years ago, is to improve the social welfare of North Brevard County senior citizens; for the first time in the history of the Center it has been a tripartite arrangement between a small group of citizens who formed it in the first place, the State provided the building, and the County provided the land to build the Senior Center on; the City of Titusville up to now has been silent; their only contract with the City has been the annual stormwater fee; now the City is coming forth with an offer that is so exciting; and it will enhance the Senior Center.  He stated at the same time it will preserve the wetlands in the 11-acre area; there are a pair of beautiful hawks circling around there; folks will be able to walk around this little lake; and it does not have a fence around it like most of these places so it is accessible to the people.  He requested the Board sign the Agreement.  He advised the Brevard Senior Center’s Board voted unanimously 18 to nothing in favor of the Project; the seniors stand to gain so much and it does not cost anything; and the City of Titusville has made an offer that really cannot be refused. 

 

Commissioner Colon inquired if Mr. Van Staden said he was 90; with Mr. Van Staden responding affirmatively.  She inquired what his secret is; and Mr. Van Staden responded he joined the Marine Corps right after Pearl Harbor; and stated he takes pride in his personal appearance, he exercises three times a week, and he keeps his brain active by playing bridge and helping manage the Senior Center.    

 

Joan Wheeler stated this thing has been a pimple on the citizens for a long time; the Board has not read the application for the grant for the money the City of Titusville is going to get some money back from; and if the Board does this, other projects will not be finished until this Project is finished and the City gets some money back.  She stated this is something being done with money that was not planned for; in 2000 it was not voted for; and requested the Board take a look at the Agreement.  She advised the Board cannot sign a lie; the very first whereas says, “2006 Brevard County Referendum provided authority to allocate additional referendums to expand and enhance projects previously approved under the 2000 referendum;” and there is nothing in there that says expand and enhance.  She noted by taking the money, other projects cannot be finished; there are only two things going for Marina Park; and there is no money for the rest of it if the City takes the money for this.  She stated on the first page of the Agreement where it says witness it says, “The City does not currently have the financial resources available to finance construction of the stormwater pond.”  She advised that is a lie; the City has a $7 million line of credit; and if the City can pay the County back it can pay them back, instead of taking the money that was planned for other projects.  She stated the Agreement also says, “Ownership of Facilities the parties are with an ownership interest in improved property;” and it tells all of the things that the City and County are going to do together, but if the Board does look at the Application it is not being done together.  She stated under Task Number 2 it says, “The City’s surveying consultant will prepare a complete survey of the improvement location.”  She advised Task Number 3 says, “The City’s engineering consultant will prepare design specifications and construction documents for installation of the improvements.  The improvements will be installed on property with existing drainage easements and right-of-way.”  She noted Task Number 4 says, “City personnel and the City’s engineering consultant will prepare, advertise for, send, receive, and evaluate bids for construction of the improvements.  An award will be made, contracts signed, and notice to proceed given.  Deliverables contract with a notice to proceed given to the responsible low bidder.”  She stated it is just a piece of some of the stuff she is looking at; the Agreement said that the City has actively involved the community in the development of its environmental program as well as the development of a capital improvement program, which includes this Project; and the North Brevard Parks and Recreation has not had the opportunity to make a recommendation for this.  She advised it reads, “This is going to be involving the public and planning stage and improvement of the Project area as with all government major stormwater improvement projects.  Educational signs will be erected at the sight.  The City has been actively engaged with several meetings already hosted with members of the North Brevard Senior Center, Brevard County Parks and Recreation Department, and the Brevard County District 1 Commissioners Office for Truman Scarborough.”  She inquired where was the public in this; stated the public has not been really educated on this; two and one-half weeks ago at the last City Council meeting, the contract that it drew up was brought in; and she wants the Board to see these pieces of paper as they look like the County is going to pay for it and it might take up to five years to get it paid for.  She stated there will be no money to do the projects that were promised because the County is going to help the City do stormwater; she knows stormwater is needed; but it is not the purpose of the County to take care of Titusville stormwater; the citizens of Titusville have fees, they are big fees, and they increase every year; and there is no point in this.  She suggested the Board take a better look at the Agreement.  She stated instead of using County employees and money why not give the piece of land to the City of Titusville; stated it would be the same difference as it will have control of the pond; and if the pond gets done and the projects are finished, the County can go back and decorate the pond if it has the money instead of waiting four or five years to finish the projects.  She stated it has been frustrating trying to get this done; this is the money of all of the people in District 1, not just Titusville; and she suggested the Board read more about the subject as some of it is just not true.  She stated it looks like the County is paying for it and the City is getting it for its use; and this is a no interest loan.  She advised Clerk of Courts Scott Ellis said it was a reimbursement; the City called it a loan; and she guessed the City did not talk to Mr. Ellis.  She suggested the County give the City of Titusville the five acres, let the City build it, and eventually the City probably would give it to them anyway.  She stated when she has problems with the City she does not come to the County to fix the problem.       

 

Bea Polk stated this is one of the worst things she has ever seen pulled off in North Brevard County and she has been working here since 1960.  She stated Commissioner Scarborough told her that nothing would come to the Board before it went to the recreation board that he appointed; she talked with them and the item did not go there; and inquired why the item came before the Board directly from the City of Titusville without a meeting with the North Brevard Recreation Board that Commissioner Scarborough appointed.  She advised of the meetings held in Commissioner Scarborough’s office, the people did not know about it except for certain people; a gentleman came out of the back door when she happened to be out there told her about the meeting; and it is a disgrace.  She stated this is giving away the recreation money voted on by the people in 2000; the County needs to finish up the programs; and the public have been told many lies.  She stated in 2000 there were no projects; the only thing that was started was bathrooms and boat ramps for the park; and after one of the meetings a little bird told her that the City is really enjoying it because it is getting boat ramps, bathrooms, and maybe the park.  She stated she does not have many more years to fight this; she has been fighting for Marina Park since 1959 when she came to Titusville; and the City will wait until she dies and get the park.  She stated it is a disgrace to the taxpayers to advertise for referendums, put down what the County is going to do, and not to stand behind it.  She stated it is illegal and should be investigated that the money has been taken from one part to the other to finish what some people want, not what the taxpayers voted for.  She stated the Board represents Brevard County; the Board is not doing it in North Brevard; people tell her it is just Commissioner Scarborough’s fault; he is part of it; but there are five Commissioners.  She inquired why is the United States in the shape it is now with the housing and taxes; why are there mothers crying because they are not making enough money to pay to go to work; why are old people losing their homes; and stated it is because politicians are not doing their jobs for the people of the United States.  She requested that the Board continue the item and read what is really happening with this issue.   She stated the North Brevard Park Board may pass this, but at least the public will have a meeting.  She reiterated how disappointed she is; and requested that the Board read the information Ms. Wheeler distributed to it and get the truth before voting.  She was told today that when they get the money back from the City the park can be finished; the money is there for the park; but no one can give her paperwork showing there is enough money.  She asked the Board to continue this item for a month; have a meeting with the North Brevard Park Board; and then bring it back before the Board of County Commissioners.  

 

Susan Canada stated she was told many years ago that Titusville had spoken about wanting to buy the property that adjoins the Senior Center; it makes a person wonder if the reason it was purchased was to help the City to begin with; and as far as being told that people could come and use the Senior Center, when her step-mother moved down here and she wanted to go to the Senior Center there was no transportation for a lot of these seniors to get there.  She stated it is almost like an exclusive club that only if you have a vehicle can you get there.  She advised on May 22, 2007 George from the Senior Center stated that in the original referendum a lake was provided; what was voted on does not include one; what it states in the original referendum is land acquisition ten acres, boardwalk with gazebo, and sight improvement; and no where was there a lake included.  Chairman Scarborough inquired if Ms. Canada would let the Board look at her information; with Ms. Canada responding affirmatively.  She stated she heard there were several meetings about the stormwater pond; these meetings were not advertised so that the general public could go to or seniors who do not drive; and maybe they need transportation more than a stormwater pond.  She noted at this same meeting she brought up that interest should be charged, and Commissioner Scarborough stated if interest is needed interest can be put in it; on August 12, 2008, Councilman Tulley of Titusville asked if it will take away any money from other projects and how great it was that there was no interest; at the previous North Brevard Parks and Recreation meeting she was told no money other than the original $1.4 million for Marina Park would be allowed; but when they said it was all the money that could be put towards it right now it meant there was no infrastructure; they forgot to vote money into that; also no park benches, pavilions, and playground; and so there is the boat ramps, bathrooms, and parking.  Ms. Canada stated supposedly there was not enough money to give to that; but yet money is being loaned to someone else.  She noted to date $500,00 was allocated for the Senior Center in the 2000 Referendum, but $538,412 has been spent; Titusville’s application stated $35,000 for the education component, part of which would be paid from Referendum money; and inquired if this above the $500,000 being loaned out again.  She advised if no interest is paid on this money it will take five or six years to get the money paid back; and it is taking away more than $500,000 from the Referendum considering there is no interest there, which normally it would be accruing right now.  She stated by reading the matrix, the figures are dynamic in that; it is hard to keep up with because there is grant money coming in but there is money going out; there is interest coming in and then again there may be money going out the next day; but if the Board reads the line item report, the money is not there for what is committed, contracted, and what may cost above what is committed and contracted.  She stated money had to be added in on that from the operating and maintenance costs; $1.8 million had to be added to the main fund for Parks and Recreation Referendum on the north end from that fund; and before the Board signs an interlocal agreement it has to be correct.  She noted Titusville’s is wrong; it states that the second referendum that was passed in 2006 states that it expands and enhances; the ballot language states something different; and the ballot said to expedite the construction of previously approved recreational projects as well as operate and maintain projects.  She explained that the City of Titusville has enough credit line to fund this project; it has over $7 million in a credit line; and there is no reason it cannot borrow from that fund.  She advised a stormwater retention pond is a great improvement; a lot of work has gone into it; but it is not required for the project and it takes away from other Referendum projects that were voted on so that they will not be able to be completed.  She stated there are many means of funding this pond.  She requested that the Board keep the money for the Referendum that has been approved and voted on; and have workshops on the Referendum money so the public can see what there is left and where it is going.  She stated before the Board should loan any money the Interlocal Agreement would need to be changed and corrected; but it would be a better idea to go over what funding there is with projects the County has that are committed, what is contracted, and also an enhancement.  She distributed to the Board a copy of what passed on the second Referendum.

 

Chairman Scarborough stated he would like to hold the brochures, and he will get them back to everyone before the end of the afternoon so if there are questions the Board can address them.  Ms. Canada advised in the 2006 book it brings up both Referendums but only one passed; and it was the one that it would not cost the taxpayers extra money. 

 

Chairman Scarborough stated he does meet with staff and people in his office; when the City of Titusville first came to him his initial response was a very strong no; he did share his concerns with the seniors; there was some engineering work that was performed; the
seniors said it was more of a stormwater project than it was an enhancement; but there are developments where people have put in lakes for the fill and the lake actually becomes an enhancement.  Chairman Scarborough stated the idea that a lake may be used for fill or a stormwater project, it does not necessarily have to be strictly that; there was a time that Vern Jansen was concerned about whether it was a lake that was originally designed; and there was an extensive discussion going on continually.  He stated the question he has is, is there public input; and inquired whose public input.  He stated when he deals with a boat ramp issue it is generally boaters; when dealing with a fishing pier issues it is generally fisherman; when he is dealing with the sand drift it is usually the sand drift users; and in this case he spent time with the 20-board members.  He stated there were a lot of arguments because there was a division; but it moved from that to complete consensus that this enhanced the project.  He stated this was discussed previously and they referred to it; Scott Ellis was here and asked the folks to hold it up so he could look at it; Scott was at the next meeting saying it was the best deal that can be gotten; and people are putting money to enhance projects that the County does not have to pay for.  He stated he has people from the City that can explain its grants and how much the County is going to be out and for what period of time; but the bottom line is the people who are supposed to get this benefit are happy.  He advised one of the things he is most proud of is when he can take other people’s money and make a better senior center.  He stated the seniors want this retention area there because their park area becomes better; it cannot be given to the City; and it is part of the original referendum.  He stated the very language that Joan, Bea, and Susan would say the Board should not use for this, they would like for the County to use, and he wants to use, to enhance and improve Marina Park; he will use that same language when that comes before the Board; and he wants to bring it before the Board before he leaves to get that fully-funded, as it should be, but he can only do it if the Board looks at the second brochure like he looks at the first brochure as it is a part of what the people voted for.  He noted if the Board wants to table it or send it here or there, it can be done; but his phone will ring off of the hook from 700 people at the Senior Center asking what he thinks he is doing.  He inquired at what point do the Commissioner’s talk to the people and who are the people he or she should talk with.      

 

Chairman Scarborough passed the gavel to Vice Chairman Mary Bolin.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Professional Services Agreement Amendment No. 5 with KZF Design LLC for architectural/engineering services for the North Brevard Senior Center Phase I Trail and Phase II Detention Basin and Perimeter Trail not to exceed $170,000; and authorize the Chairman to execute an Interlocal Agreement with the City of Titusville to become partners for the project.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz stated she wants to make sure what the Board is doing is legally correct as far as the referendum language.  County Attorney Scott Knox advised he opined on this back in 2001; the Referendum language was very broad; the park projects described in the brochures was even broader; it covered the Titusville Senior Center and improvements; it said that in two places that improvements could include a stormwater pond that acts as an amenity to the Senior Center; and the County is not paying for it to boot.

 

Commissioner Nelson stated it is not unusual for the County to partner with cities; to get Palm Bay Road paved the County partnered with the cities; and it is not interest-bearing or anything like that. 

 

 

Trudie Infantini stated she hopes the Board will not approve this item; it allows County staff to issue open purchase orders in excess of $100,000; currently any project that is in excess of $100,000, the responsibility for approval resides with the County Commissioners; and at this point in time when the budget is the way it is, it is not the right time to start shirking the responsibility as County Commissioners and passing that off to County staff.  She advised there are very few vendors of record currently listed with the County; she spoke with some vendors, suppliers, and contractors that would like to become vendors of record and they are not on the list; and to open this up and be able to give out contracts in excess of $100,000 without putting them out to bid is one of the things the County should not be in the business of.  She stated bidding is the process of getting supply and demand and lower prices; there are too many contractors and business owners that are out of work or need additional funds; and to limit it to the people of record she disagrees with.  She requested the Board not approve the item.

 

Central Services Director Steve Stultz stated this is an item that the Board sees annually about this time of year; what the list consists of is a list of various commodities and items that are proprietary in nature or have a limited source of supply; in other words the manufacturer may have a distributor only authorized to sell within the State of Florida or geographical area; it is basically a sole-source on some of those; but there is also a list of items of cooperative contracts.

 

Chairman Scarborough inquired if this is something that can be done next week; with Mr. Stultz responding affirmatively.   

 

The Board reached a consensus to table permission to issue open purchase orders (FY 2008/2009) exceeding $100,000 to approved vendors of record, to the September 4, 2008 Board meeting.

 

 

 

County Attorney Scott Knox stated the Legislature passed a special act during the 2006 Legislative Session, which allowed the County Commission, or a petition in the community, to sponsor an amendment to the Charter that would allow for a cap on the revenues that are raised in any particular year; the County Commissioners went ahead and retained the services of an outside lawyer to prepare a proposed Charter amendment, which sets a three percent cap on revenues; and according to the terms of the Charter, that Charter amendment, once it is up for being sponsored by the County Commission, has to be reviewed by a panel of three lawyers who are present today.  He advised the attorney’s reviewed the Charter amendment; two of the three found it to be consistent with State law, which is the standard set forth in the Charter; and the Charter also says if two of three approve the amendment it goes forward to the ballot.  He noted one of the panelists did not agree with that and said it was inconsistent with State law; and one of the panelists who agreed that it was consistent with State law thought maybe the Board wants to consider some changes to some language in both the ballot and the Charter amendment itself.  He advised he brought it back to the Board to see if it wants to pursue any change in the language.

 

Chairman Scarborough inquired if there is any desire to change the language; and inquired if there are any questions from the Board.

Commissioner Colon inquired what the County Attorney feels regarding this issue; with Mr. Knox responding the changes that were suggested were not really substantive changes so much as technical changes; stated the County spent a good deal of money to get Mr. Watts to prepare the amendment; and he does not think it will impact it one way or the other to change the language.

 

Commissioner Bolin stated Mr. Watts was present at the Charter Amendment Committee meeting; and she has 100 percent approval of what he has done.

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Option 1, to make no changes to the proposed charter amendment drafted by Attorney Allen Watts relating to implementing the voter-approved straw ballot on whether an annual cap should be imposed on ad valorem tax revenues.  Motion carried and ordered unanimously. 

 

 

Shawna Lastarza, Representative of HMD Biomedical, LLC, stated she is present to answer any questions; and she wants to give the Board an overview of HMD Biomedical, LLC and what it is doing for Brevard County.  She advised HMD Biomedical, LLC joint ventured with a Korean Company called Infopia USA, LLC that does manufacturing of diabetic testing supplies and other medical devices in Korea; when this joint venture was formed it allowed HMD Biomedical to bring manufacturing to the United States; and since the CEO is local they will be manufacturing diabetic testing supplies and an array of other medical equipment in Titusville.  She stated they are very happy to bring jobs to help stimulate the economy.

 

Chairman Scarborough advised it is 30 jobs with $40,000 per year annual wages.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution qualifying HMD biomedical, LLC as an eligible business under the County’s Tax Abatement Program; and authorized a public hearing to consider adopting an exemption ordinance.   Motion carried and ordered unanimously. 

 

 

Buddy Spakes distributed some information to the Board.  He stated under Recreational Vehicle Parks, Chapter 513, Section 10 it says, “Recreational vehicle park means a place set aside offered by a person for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreation vehicles or tents; and the term also includes buildings and sites set aside for group camping and similar recreational facilities.  For the purposes of this chapter, the terms ‘campgrounds,’ ‘camping resort,’ ‘RV resort,’ ‘travel resort,’ and ‘travel park,’ or any variations of these terms, are synonymous with the term ‘recreational vehicle park.’ He stated Recreational Camp means one or more building or structures, tents, trailers, vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for five or more residents members of the public and designed and operated for recreational purposes.  He noted RV parks are outlined in the State Statutes.  He stated in Chapter 125.0168 says, “Special assessments levied on recreational vehicles parks regulated under Chapter 513, when a County levies a non-ad valorem special assessment on recreational vehicle parks regulated under 513, the non-ad valorem special assessment shall not be based on the assertion that the recreational vehicle park is comprised of residential units.  Instead recreational vehicles parks regulated under Chapter 513 shall be assessed as a commercial entity in the same manner as a hotel, motel, or other similar facility.”  He stated by looking at the bottom of 513.014 it says, “If a mobile home park has five or more sites set aside for recreational vehicles shall, for those sites set aside for recreational vehicles, comply with the recreational vehicle park requirements included in this Chapter.”  He stated a good example of what has happened in Mims on Highway 46, KOA Kampgrounds is 13.71 acres; it equals 593,000 square feet; according to this the land must be included in an RV park,  not just the building; KOA pays an assessment  of $656; but it should be $4,256.  He stated Solid Waste charged motels $164 per room; using that methodology, a campground could be charged per campsite; what Fire Rescue has done is wrong; the methodology is incorrect; and that invalidates the fire assessment.  He suggested the Board pull its heads together and figure out what it is going to do.

 

Chairman Scarborough inquired if Mr. Knox had examined the folder; with County Attorney Scott Knox responding he has not looked at this issue but he would be happy to do that; and stated the request today is to advertise the ordinance.  Chairman Scarborough inquired if this can be brought back up as it bothers him; and is September 4^th a possibility or will that be too late.  Fire Rescue Chief William Farmer stated there will not be enough time as far as the advertisement goes; the advertisement to have the discussion of whether the Board wants to revise or change the methodology; in order to have that discussion staff needs to advertise so the ordinance and rate resolution can be talked about; but staff will miss the window of time.  Chairman Scarborough stated since the information being presented today has not been researched, the Board will get the comments, and then staff will research the information and come back at the end of the meeting. 

 

Marlene Adams stated it is disturbing that the Board did pay close to $50,000 for a consultant who should have picked up the RV park issue easily; it is so clear in the Statutes that it is not even funny; it is not up for interpretation case law; and it is plain language.  She advised RV parks have to be treated like motels.  Ms. Adams stated in that square footage of a motel was used but then they only took the square footage of the actual buildings in the campground; they did not take into consideration each lot; but the Solid Waste Management Department staff took each unit that was rented.  She stated special assessments are not taxes; they are only supposed to fund what is actually needed; and they are charged to the properties based on the benefit.  She advised the last time she was here she was questioning condominiums because Mr. Burton had a methodology for condos at a .42 per unit; the Board agreed and made it one unit; at .42 units there was a certain total in that assessment; by taking it from .42 to one unit now that total is increased again; and it is not consistent.  She noted the Board asked for an informal Attorney General Opinion back in 2006; it was received on February 7, 2007; and the Board cafeteria-style picked what the Attorney General had to say.  She advised the purpose of getting this Opinion was to see if the Board could legally give low income people a break on their fire assessment; the Board did give those people a break in 2006; and in the informal Attorney General Opinion it says, “The Legislature has recognized that adjustments may be made by the Board for a particular parcel based on differences in the benefits provided with the non-ad valorem assessment monies.  No other adjustments to assessments are authorized by 197.3632.  197.3632 provides a uniform procedure for the levying and collection and enforcement of special assessments imposed by local governments authorized to impose non-ad valorem assessments.  A local government is defined to include a County levying non-ad valorem.  If a county chooses to use the uniform method it must adhere to the procedures in 197.3632.”  Ms. Adams advised it goes on to say, “The County is not authorized to create a non-ad valorem fire services special assessment exemption or adjustment program that would reduce the non-ad valorem portion of the tax bill for certain taxpayers.”  She stated the Board cherry-picked that and said it could not give poor people a break, but certain properties can continue to be exempted that are receiving the benefit of fire services.  She stated the Board took away the break for poor people; charged those people the full amount in 2007; and the Board did not do anything about the exempted properties that this Opinion says it cannot really do if a person is receiving the benefit of what is being funded by the assessment.  She noted this is not taxes; and it is an assessment for benefit.  She stated 197.3632, Florida Statutes only recognizes the authority of a governing board to adjust assessment for particular property based on the benefit provided to that property.  She stated if Mr. Burton thought .42 is what they were getting a benefit on and the Board just arbitrarily sat here because she complained and made it one unit it is not being changed based on what the law is saying.  She stated another district court of appeals on exemptions, Sarasota County versus Sarasota Church, one of their conclusions was fire and rescue services are valid special assessments for which churches and other members of the class must pay their proportionate share.  She advised she does not want to pay their share; if a church is getting a benefit, they should be paying their share; it is not that she is anti-religion or anything else; but this is an assessment and not a tax.  She stated even Hernando County’s Opinion says, “Because an MSBU special assessment is not a tax but rather a service-related fee, the tax exempt status of government churches and charities do not automatically apply; and any exemption granted must be based on the fact that either no benefit to the property is provided, or that the service fee is already funded through a separate funding mechanism.”  She stated she has asked a million times where the funding is for the exempted properties coming from, and she is getting various answers; originally everyone was raised $5; that was well-documented and the proposed rates are all exactly $5 lower than what was actually assessed the first few years; but she is hearing now that it is coming out of the MSTU that was voted in by the citizens in 1998.  She advised in the Resolution passed in 1998 it says, “The proceeds from the aforementioned MSTU increase and any interest accrued thereto shall not be utilized to replace County general funds to further fund other County departments, elected County officers, cities not serviced by the Fire Control MSTU or existing fire rescue services, personnel,  salary increases.  Said MSTU increase may be utilized to fund the future cost of financing, hiring, maintaining, planning, equipping, purchasing, and or constructing the hiring of 60 firefighters and three firefighter field supervisors, firefighting vehicles per year, the establishment of all County fire engines, etc.”  She stated had it said on the ballot, “and in the future ten years down-the-road, we want it fund exemptions for churches and non-profits”; and she is sure that referendum would not have passed.  She stated the handout she provided to the Board was on legal defensibility, part of the contract with Mr. Burton, of the current methodology.  She stated she just received a legal opinion on Mr. Burton’s methodology but she has never seen that contractual requirement.

 

Chairman Scarborough stated Ms. Adams raised some questions that the Board will come back to.

 

Commissioner Nelson stated Ms. Adams raised some excellent points.  He advised the Board has always got the ability to adjust.  Chairman Scarborough inquired if the Board can come back to this item at a later time.

 

 

Chairman Scarborough called for a public hearing to consider a resolution vacating portions of public utility and drainage easements in Port St. John, Unit Six as petitioned by Sheldon Hoxie.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating portions of the public utility and drainage easements in Port St. John, Unit Six.  Motion carried and ordered unanimously. 

Chairman Scarborough called for a public hearing to consider determination of substantial deviation and consideration of Notice of Proposed Change (NOPC) #15 for Viera DRI.

 

Commissioner Bolin stated she would like to bring forward Option 1; it is to determine that the NOPC #15 is not a substantial deviation; and to approve as submitted.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to determine the Viera DRI Notice of Proposed Change (NOPC) #15 creates a substantial deviation according to Chapter 380.06 (19), F.S.; and adopt revised Development Order by Resolution.  Motion carried and ordered unanimously. 

 

 

Glenda Busick stated it is great that Viera is going to help pay for six lanes under I-95 and that is wonderful; and inquired if the Board is approving any houses to be built out here.  Commissioner Bolin responded Ms. Busick is referring to Phase IV.

 

Mark Ragsdale, Representative of Viera Company, stated the request before the Board is a notice of proposed change; it is not the substantial deviation with thousands of homes; the Board has asked Dyer Riddle to do a traffic model dealing with the substantial deviation; and that report is due back in December.  Mr. Ragsdale advised the action before the Board today is a notice of change, which would accomplish three things; it would allow Viera to amend Map H to move some retail from one place to another; it would revise the traffic mitigation so that instead of writing a check to the County in December to cover a portion of the six-laning of Wickham Road, Viera would become responsible for all of the six-laning of Wickham Road; and finally they are asking for a modification of the development program consistent with some traffic counts that they have done and have been reviewed by County staff, DOT, and the planning councils. 

 

 

Chairman Scarborough called for a public hearing to consider an ordinance to adopt 2008A Comprehensive Plan Amendment package.

 

Shawn Harris stated he is requesting that the Board approve the amendment to the Comprehensive Plan; and those people who had concerns, there is still a mechanism in place for he or she to come to Planning and Zoning and to the Board if a change in the zoning is being requested.

 

Fred Kusterer with Mims Community Group stated there was a lot of work done by the Planning and Zoning people; the community participated in a lot; and there has been good support from the Board. 

 

Cindy Barnhardt stated she agrees with Mr. Kusterer.

 

Fred Register stated he has nothing to add.

 

Laurilee Thompson stated ditto.

 

Jim Thompson stated ditto.

 

Laura Ward agrees with the amendment.

 

Chairman Scarborough stated the component part with the school concurrency was not in the package; it was not the County’s fault; the cities had to buy into it as well; and there was one city that caused the problem.  He stated the Board was able to keep this from having this to be resubmitted today to an adoption today.  He stated he wants to thank Planning and Zoning Director Robin Sobrino.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Ordinance amending Article III, Chapter 62, of the Code or Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2008A; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled The Future Land Use Element; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

Chairman Scarborough called for a public hearing to consider ordinance for re-adoption of 2007B Comprehensive Plan Amendment Package.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2007B; amending Section 62-501, entitled contents of the Plan; specifically amending Section 62-501, Part Xi, entitled The Future Land Use Element; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

Chairman Scarborough called for a public hearing to consider an ordinance amending Article II. Section 2-73 of Brevard County Code of Ordinances.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the departmental structure of County Government; providing for conflicting provisions, severability, and an effective date.  Motion carried and ordered unanimously. 

The Board recessed at 5:10 p.m. and reconvened at 5:15 p.m.

Chairman Scarborough called for a public hearing to consider resolutions to adopt Solid Waste Special Assessment rates, fees, and charges and ratification, confirmation and certification of Solid Waste Special Assessment Rolls.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolutions, Schedule of Annual Rates, Assessments, and Charges for Solid Waste Disposal System; Imposition of Annual Solid Waste Collection and Recycling Program Special Assessment; Imposition of Solid Waste Impact Fee; Ratifying, Confirming, and Certifying the Annual Disposal Assessment Roll; and Ratifying, Confirming, and Certifying the Annual Collection and Recycling Program Special Assessment Roll. 

 

 

Commissioner Voltz stated Solid Waste has an awful lot of money; she does not know if it has more than what it actually needs; so she is voting in opposition.

 

Solid Waste Management Director Euripides Rodriguez stated the assessment is to fund Solid Waste operations and future CIP’s; there is no increase in the fees; there is no increase in the impact fees, assessments, or tipping fees; and the Board already approved collection in February 2008.  He advised it is for the disposal assessment, impact fees, regular fees across the scale, and approval of the tax roll.  Chairman Scarborough inquired if the Board does not approve it what will happen; with Mr. Rodriguez responding he cannot collect the money.  Chairman Scarborough inquired if the money is not collected what will happen; with Mr. Rodriguez responding he would not be able to operate as he does not have $23 million laying around that is not restrictive.  Chairman Scarborough stated it is not an increase but it allows the County to continue to recognize that people do create trash.

 

Commissioner Voltz stated every time the County lays someone off, he or she goes to Solid Waste; it just seems to her that they have a lot of money; and if they have all this extra money, then the Solid Waste Management budget is too much.

 

Mr. Rodriguez advised he has taken people from other departments; there have probably been more than five people; they have been for replacement of existing positions; and there have not been any new positions created.  Commissioner Voltz stated the County is trying to cut its budget; and instead of getting rid of people he or she is sent to Solid Waste.   She stated Euri is saving money, padding it, for future CIP projects.  County Manager Peggy Busacca stated the larger departments, frequently during the last several months, have taken people as he or she have been laid off; because the larger departments have more vacancies that is where they can find positions; the County has not created any positions; and the option is to not fill the job for the position and not to get the job done.  Commissioner Voltz stated people want their taxes cut, and the only way to cut the taxes is people; the Board needs to look at those departments and only fill those; and it seems like the Board is cutting all of these people from the budget, but that is really not happening.

 

Chairman Scarborough stated what people are afraid of is that the Board will move things into a fee-based revenue stream as opposed to an ad valorem stream; and what Commissioner Voltz is saying is that the Board moves people into departments whether he or she is needed or not and maintaining a fee that the Board could actually reduce. 

 

Commissioner Nelson stated each of the departments has gone through and determined what they need; the Board decided that Code Enforcement Officers are needed as it is an important service; and other vacancies are being filled throughout the organization that the Board has identified as being necessary.  He advised the one benefit the Board has had is that it has cut department budgets; and as vacancies occur, instead of going to the outside it has taken someone from the inside.  He stated he is sure Ms. Busacca is looking at all of the departments on a routine basis about needed positions, which is an ongoing process.  Commissioner Voltz stated the only positions the Board talked about was the Code Enforcement positions.  Commissioner Nelson stated for instance, if there was a vacancy in Code Enforcement and that position was needed, the Board would be looking within the organization first to see if someone was being laid off who could fill and do that job; on a broader scale, whether it is maintenance workers or wherever it may be, the Board is doing that same process; and Commissioner Voltz is not giving the Board credit for doing the right things.  Chairman Scarborough stated is the question is whether Euri needed the person or whether this was a place that a person can be moved to.  Commissioner Nelson inquired when was the last time there was an increase in this fee; with Mr. Rodriguez responding in 1992 it was $61 and decreased; and stated in about two years there was an increase of $1; and it is still below the levels of 1992.  Commissioner Nelson stated in effect with the increases of fuel costs and all of the things going on in the real world, which the Board still has to pay for, Mr. Rodriguez is utilizing those dollars; so the Board is not raising it to offset that, it is draining down reserves and other things that end up utilizing those dollars.  Mr. Rodriguez stated once the cash is gone he has to go out for bonds quicker.

 

Commissioner Colon stated the Board has to be very careful that it is not being irresponsible, as when it makes that kind of statement it is basically saying that this director is not doing his job; it is better if Commissioners has those kinds of questions that he or she have that director in his or her office and have them show what positions have been put in the departments; and the kind of perception given to the community is that the County has all of these feel good positions.  She stated it is irresponsible to do that because that is the seed that has been planted now and that is what the public is under the impression of.  She stated this is a very sensitive time to speak like that; these are people who have been working with the County for several years who through no fault of their own are having to be let go because of these very difficult budgetary times; and one of the things that management does is make sure that that kind of experience and wealth of knowledge will be utilized in a department that needs it.  She stated garbage will always be there; the discussion is not about the Planning and Zoning Department, where if there are no permits being issued, therefore there is a need to cut people; so every single department that the County has is unique.  She stated when the Board opens its mouth it needs to be careful of how it comes out because the community is listening; people are thinking that Euri is sitting on this little gold mine; anyone who the Board gets rid of ends up over there; and that is not the case.  She stated these are human beings who have given their all to the community; and they need to be treated with a little more respect.

 

Commissioner Voltz stated it is not Mr. Rodriguez’s fault that people are being transferred over there; she is not blaming him at all; he has the money and people need jobs; when she said get rid of she is talking about the financial part; and employees are always important.  She stated the dollars that go with those employees are the ones that are reoccurring over and over again; keeping employees just to keep employees should not be the County’s goal; but a person should not just be transferred.  Mr. Rodriguez stated if the people do not qualify for those positions, whether he or she is a lay-off candidate or not, he will not hire them as he will not put a person in a position that he or she cannot handle.  He stated if he does not need the position, the position will remain vacant whether it is in the budget or not.

 

Chairman Scarborough called for a vote on the motion.  Motion carried and ordered.  Commissioners Voltz and Colon voted nay. 

  

 

Martin Lamb stated it is a pleasure to speak before the Board today.  He stated he is asking that the Board not move forward in renewing the contract with The Nature Conservancy; here is a chance for the Board to save some money and not really put someone out of a job; The Nature Conservancy is not going to become insolvent in just a short period of time; it collects money from many counties, and states; they are housed in Washington D.C.; and that entity will not be hurt or injured.  He stated a majority of the Commissioners will not be on the Board for the obligated time; it is 75 percent of those persons that are to be elected of his or her elected service that is impacted by this; and the things being done by The Nature Conservancy within the realm of the contract are not without controversy.  He stated if everything had gone smoothly through this period of time he probably would not be present at the meeting today; he has some real ideas of how some of this stuff can be helped or changed; and one of the biggest things The Nature Conservancy can do is with the reimbursement of State money and those types of things.  He advised the County can enter into a different type of agreement that is a savings; the money being discussed is a maximum of just under $1 million for service; and it is a large sum of money, the urgency is not here that it has to be passed today, and that the County will create a major problem if it does not pass this.  Mr. Lamb requested that the Board wait and go over some ideas of how this can work better.

 

Jack Lembeck stated he is for extending the contract; he sees no reason to delay it at this point; in order to back-up his opinion he did a quick survey to see the importance of the role The Nature Conservancy plays; he did a query on the Internet; and his query was the 2008 most trust conservation organizations.  He advised what came up at the top of the list was The Nature Conservancy; it is rated as one of the most trusted national organizations in Harris Interactive Polls in 2005, 2006, and 2007; Forbes Magazine rated The Nature Conservancy’s fund raising efficiency at 88 percent; in its 2005 survey of the largest U.S. charities, it received a four-star rating from the Charity Navigator in 2005; and it was named on of the ten best charities which everyone has heard of.  He stated the controversy is whether the saving of these environmental lands is important.  He stated the importance of those issues is without controversy in the County at this stage.  He stated The Nature Conservancy is not going to disappear; but the services it has provided far override the amount of money paid to it by contract.

 

Vince Lamb stated The Nature Conservancy is the most respected environmental organization in the world; it also conducts Jay Watch, an annual bird count of Scrub Jays that includes Buck Lake Conservation area near Mims, as well as 40 other sites in Florida; it is conducting the Indian River Lagoon Oyster Reef Restoration Project, which has engaged 5,100 local volunteers to build oyster maps; and that is used as an national example of outstanding environmental volunteerism.  He advised The Nature Conservancy has protected 1.2 million acres of national Florida land, including partnership efforts with organizations like the EEL Program; and it is obvious that he supports continuing the long-standing relationship between the EEL Program and the TNC, a partnership that has worked.   He noted after meeting Herb Hiller at a meeting earlier this month, he purchased and read much of his book entitled Highway A1A:
Florida at the Edge; Mr. Hiller shares his views of tourism, development, and overall attractiveness of 13 coastal Atlantic counties; he highlights the importance of conservation land purchases, including the economic benefits of natural areas and parks for attracting businesses; Brevard fared well in some areas; and it needs improvement in other areas.  He stated Mr. Hiller quotes Dr. Duane DuFreese who said, “People who want to conserve land aren’t good enough at explaining the importance of conservation to the people who come to live in places like this.  We have to be able to show the improved quality of life.”  He stated he thinks that is happening but it does not happen instantly.  He encouraged everyone to read Herb Hiller’s book, starting with the chapter on Brevard County.  He stated he recently received a report from the State of Florida that forecasts a population of 36 million by 2060; the report includes graphic maps that show that the Atlantic Coast of Florida will consist of developed land and small pockets of conservation land by 2060; and there is just not much left on the coastal area in 50 years.  He stated the conservation land is vitally important to preserve some pieces of natural Florida.  The Board should be proud of its purchases and its decision to purchase conservation land; the property tax issues and the fire service fees will be forgotten; but the 2008 Board has protected important parcels of natural Brevard County forever.  He encouraged the Board to extend The Nature Conservancy contact with the EEL Program.

 

Commissioner Voltz stated she asked Mr. Knight about an issue that was brought up that the County does not receive receipts before doling out the dollars for the contract; and if she is going to approve this, she would like to see the receipts for the dollars being spent. 

 

Environmentally Endangered Lands Manager Mike Knight advised the contract does not currently require the submittal of receipts; following an audit that was completed, staff completed the requirements of that audit; the auditors at that time did not request that staff pursue the receipts; and that is why staff did not go down that road.  He stated now what is received is a transaction detail report, which is essentially a list of all of The Nature Conservancy’s transactions in which it is charging to the contracts; staff uses that to review each quarterly invoice, which also has a breakdown; and in addition to that staff has an open aspect to the contract that allows at any time for staff to go in and audit receipts and records within the Conservancy.  Commissioner Voltz inquired who did the audit; with Mr. Knight responding the County’s Internal Auditors. 

 

Commissioner Bolin stated this contract, if the Board enters into it, is on a need only basis; The Nature Conservancy only gets paid for services given; and it is not a retainer by any means.  Mr. Knight advised there is a cap of $278,000 annually if a maximum of three and one-half FTE’s is reached; but if the County is not in need and there is not a workload that requires the FTE’s, then there is no charge for that.  He noted it is a cost-reimbursable contract as opposed to the previous contract, which was a fixed fee contract.

 

Commissioner Nelson stated there is a bit of urgency because the contract expires September 30^th, so if something is not put into place by that time there will be no contract.  He stated this Board, before he was on it, talked about whether to do this in-house or to bid it, and the Board decided to bid it; and The Nature Conservancy was the group selected for that service.  He stated if The Nature Conservancy did not do it, additional staff would have to be created to do that. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Agreement to Extend Existing Agreement for Professional Services for three years at a rate not to exceed $278,000 per year.  Motion carried and ordered.  Commissioner Voltz voted nay. 

 

 

Commissioner Nelson stated he had an opportunity to talk with Waste Management; he does not think it is ready to move forward; and he would like additional time to preserve their rights under the Contract.

 

The Board reached a consensus to postpone approval of request for additional fuel rate adjustment of 2.89 percent for Waste Management, Inc.’s franchises to a future Board meeting.

 

 

 

Solid Waste Management Director Euripides Rodriguez stated this item is related to the debris cleanup; during the break he was looking at the contracts; and he needs the Board permission to initiate the purchase orders or for the Board to delegate to the County Manager permission to sign off on the purchase orders to initiate the debris cleanup. 

 

Commission Bolin inquired if this item was on the Agenda; with Mr. Rodriguez responding he apologizes but it just came up and the contract is not the same as the County had in 2004.  Chairman Scarborough inquired who the Board is paying and what is it paying it to do.  Mr. Rodriguez advised the firms are Ashbritt and Crowder-Gulf; and it is approximately $300,000 to each entity, which is to set up the purchase order.

 

Commissioner Voltz stated FEMA said if the County did not have a contract in place it would not approve it; and Mr. Rodriguez said we did not have a contract in place.  Mr. Rodriguez stated the contract is in place; and the authorization to spend money on that contract resides with the Board.

 

Commissioner Bolin advised the Board needs to approve this so the trucks can be on the road by this weekend.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant permission for Solid Waste Management Director to sign off on Purchase Orders with Ashbritt and Crowder-Gulf at approximately $300,000 each for debris cleanup.  Motion carried and ordered unanimously. 

 

 

President of the Space Coast Chapter of Florida Surveyors and Mappers Kurt Staffzinger stated the Society voted to send a few people to the Board meeting today; and there are over 100 registered land surveyors in Brevard County, along with office and field support.  He advised he is concerned about the Landscaping, Land Clearing, and Tree Protection Task Force; they are the only interest group that is called out by name in the Ordinance currently; they do not have any representation; and the staff report by the Natural Resources Management office  seems  to group  them  in  with  the civil engineers, landscape architects, and home builders.  He stated there are three different groups, development, environmental, and agricultural interests; they do not fit in any of those categories; they always had developers making requests; they have to use their own set of ethics and Statutes that govern them; and he does not think it is in their best interest to be letting the special interest groups dictate how they perform their work.  Chairman Scarborough inquired who the special interest groups are; with Mr. Staffzinger responding on the list there are 11 of them.  Chairman Scarborough stated he means the different professions.  Mr. Staffzinger stated all they are asking for is a representation on the Task Force; right now there is one environmental group, the Florida Federation of Garden Clubs, which there is no appointee designated; and in the agricultural part there is a Nurserymen and Growers Association that there is not appointee; and he is trying to get some representation in the group.

 

Natural Resources Management Director Ernie Brown stated there was originally a concern about imbalance; staff has not heard much from that issue since it arose; and whatever the Board decides is fine with staff.

 

Commissioner Nelson stated his preference would be as an ex-officio member; that means the representative would be able to sit at the table and speak but not vote; and he would prefer that the representative remains independent so he or she could voice their opinion. 

 

Commissioner Colon stated they should be added to the Task Force.  Chairman Scarborough stated some people want to make certain assumptions; the Native Plant Society is very much at war with Nurserymen; and the Nurserymen bring exotics and the native Plant Society does not like exotics.  He stated surveyors may disagree with a home builder for reasons that may escape the Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve Option 1 to add survey permit language to the list of Board directed assigned topics for the Task Force to evaluate; and add the Space Coast Chapter of the Florida Surveyors & Mappers Society as a stakeholder member on the Task Force thereby affording representation on the Task Force in accordance with the Resolution.  Motion carried and ordered; Commissioner Nelson voted nay.

 

 

Chris Chinault stated the Town of Indialantic is requesting a project substitution from the Technical Advisory Committee recommendation that the Board has before it; in June the Town requested of the Committee and the Committee approved a South Palm Avenue Sidewalk Connector Project in the amount of $36,425; and that is in the recommendation the Board has.  He advised since that time Council has talked with residents and believes that there is a greater need to have a substitute project as opposed to that, which would be a Sixth Avenue Connector; it would be for less  money  at  $27,600;  and he is basically asking the Board to substitute a less expensive project for more expensive project.

 

Transportation Engineering Director John Denninghoff stated it is an appropriate use; it will also serve a similar purpose; the other members of the Technical Advisory Committee would probably find it an acceptable substitution as well; and there is a lively discussion for that particular advisory group who are typically supportive of one another for projects that are appropriate in nature and similar to the type that Mr. Chinault is proposing.  He stated it is a very good project from his perspective; and if there was time, the Committee would probably agree with that.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve project funding recommendations as prepared by the Technical Advisory Committee for the North Mainland, Central Mainland, South Mainland, and South Beaches Transportation Impact Fee Benefit District, modified to exclude the South Palm Avenue Sidewalk Connector for $36,425 and substituting in its place the Sixth Avenue Connector in the amount of $27,600; approve disbursement of $300,000 from transportation impact fees collected in the unincorporated areas of the Central Mainland Benefit District for consultant services related to the review of the Viera DRI substantial deviation traffic impact analysis; authorize the Budget Office to execute any Budget Changes required to implement project appropriations; and authorize the Chairman to execute Disbursement Agreements with Towns of Indialantic and Malabar, and Cities of Rockledge, Satellite Beach, Titusville, and West Melbourne.  Motion carried and ordered unanimously. 

 

 

Commissioner Bolin stated at 1:00 p.m. there was a room full of people who wanted to speak on this issue; and she is going to represent them now.  She stated there are options on this and she would like to move forward with Option B; because the County has gone through Tropical Storm Fay, here is the opportunity to do something and to do it right; and she has the MSTU money to do this for her citizens for Parkway Drive.

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to approve Option B to swap canal and maintenance berm locations for Parkway Canal at an additional cost of $180,000; authorize the Chairman to execute a Contract Change Order with Masci Corporation; and authorize Budget Change Requests as necessary.

 

 

Commissioner Voltz inquired how much will this help the drainage; with Natural Resources Director Ernie Brown responding any of the configurations would help drainage approximately the same amount; and stated Option B maximizes the individual property owners use of their property, which is an easement not a right-of-way, so it is not ownership it is an easement over top of their property.

 

Commissioner Nelson inquired if there are other ditches like this; with Mr. Brown responding he does not know; stated these projects are taken as specific; this is already a project under a CIP and as part of a major drainage refit; so this is the only way staff knows if these exist.  Commissioner Nelson inquired if this is MSTU; with Mr. Brown responding it is the stormwater assessment, which is a dedicated funding source to the particular districts.  Commissioner Bolin stated the reason it came before all of the Commissioners is because of the amount.

 

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

 

 

Virginia Barker, Watershed Management Program, stated the TDC Beach Improvement Committee and the full TDC have both recommended Option B.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to select Option B, Local Option Plan (TDC 50-year funding obligation of $31.2 million), for the U.S. Army Corps of Engineers to pursue along the Mid Reach shoreline; and adopt Resolution supporting Brevard County Shore Protection Project and requesting State cost-share funding as a match for dedicated local funds. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant preliminary plat and final engineering approval for Wyndham Drive, subject to minor engineering changes as applicable, and developer responsible for all necessary jurisdictional permits; and authorize the Chairman to sign the final plat.  Motion carried and ordered unanimously. 

 

 

Glenda Busick distributed a package to the Board.  She stated she is here about homeless people in Brevard County; and to request that County staff investigate some items concerning homeless people.  She stated there is a possibility that homeless people could pitch tents and have restrooms at little or no cost in some of the parks; and to ask staff to work with the City of Melbourne and Daily Bread Soup Kitchen to come up with ideas to solve Daily Bread’s expansion problems.  She stated she is hoping that the County  can assist in finding adequate land and any appropriate funding to have an area for tents and restrooms near Daily Bread; and she is not sure how this all can evolve.  She advised for two years she has participated in the annual homeless census; she has hired homeless people to assist in labor jobs for her and her company; and she has helped three homeless people find places to live.  She noted if a person wants to work but has a problem medically, the State of Florida through Vocational Rehabilitation will pay for the medical; this person had a back problem, could not work, and he was homeless; and through the Health Alliance, which is a great group that they work with, she found out about the State of Florida Vocational Rehabilitation.  She advised the State did his back surgery and physical therapy at no cost and now he can work 20 hours a week; and she hired him through a tax credit because he was disabled.  She noted she tried to help find people places to live; she thought just send them over to the park to pitch a tent; unfortunately it is not that easy; the parks charge $18.87 a night to pitch a tent; a person can stay there for two weeks; and then he or she has to leave for 24 hours and come back and they can stay two more weeks.  She advised a person can only stay in a tent in the park for a maximum of 42 days in a year; if a person pays $18.87 a night it is $112 a week or $449 a month; and inquired how many homeless people have $449 to pitch a tent at the park.  She stated if she has an RV or a camper she can park at Wickham Park for a monthly fee of $425; a person can stay a maximum of 180 days in a year; and it costs less to park an RV than to pitch a tent.  She has attended meetings with Daily Bread and the City of Melbourne; Daily Bread wants to expand its soup kitchen and the City does not want it to expand because of the homeless situation; and one-third of the people Daily Bread serves are homeless.  She stated the City of Melbourne voted not to expand Daily Bread; one of the Councilmen mentioned a consortium of individuals to help identify additional sites to help the needy through Brevard County to be comprised of elected officials State, County, and municipal, soup kitchen representatives, faith based organization representatives, residents, business owners, and clients of these essential services; the next day she called the City of Melbourne asking how can she be in that group; but no one would talk with her about it.  She stated the City officials said since it was a public hearing the City wants it all in the public.

 

Chairman Scarborough stated he thinks with the foreclosures and problems with flooding, it is more than just an issue to be discussed; once the budget is over with it would be worthwhile to talk about this multitude of issues; and he understands the homeless is a complex issue.  He would like for staff to work with Ms. Busick on the homeless issue.  Chairman Scarborough stated he would like to schedule something in the future regarding these issues with Commissioner Nelson organizing it.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct Commissioner Nelson to organize a workshop to discuss homelessness and housing issues.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated the issue of involvement and wellness are linked; there are people who come in from all over; he or she is disconnected from the society where they came from; all of a sudden they lose a spouse; and the functionality sets in.  He stated just like what staff was able to do with the flooding issue; it indicates the County is here and can make it work; and a workshop will be scheduled.  He advised staff will invite the cities and get the right people to attend the workshop. 

 

 

County Manager Peggy Busacca stated the Value Adjustment Board law has been changed in the State of Florida; there now needs to be a homesteaded property owner from Brevard County; it cannot be a member of any taxing authority and cannot represent property owners; and staff has suggested two options for the Board to choose in order to find these at-large appointments, either by advertising for qualified candidates such as is done for the North Brevard Hospital District or nominations by County Commissioners as is done for TICO.  She advised staff is looking for the preferred way that the Board would like staff to go about finding people to bring to it so the appointment can be made.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Option 1, to advertise for qualified candidates, as the method for appointing a citizen member to the Brevard County Value Adjustment Board.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca distributed to the Board ballots for appointment of three members to the Affordable Housing Council.

 

Chenita Joiner, Housing and Human Services, stated based on the Commissioner’s votes there is a tie; there is a tie for the for-profit affordable housing provider and also the not-for-profit affordable housing provider; the for-profit is tied between Charles Fischer and Dr. Beckles; and the not-for-profit is tied between Earthy Spaulding and D. Anne Tinelli-Thompson.

 

Chairman Scarborough stated there are two Commissioners voting for each of those; one Commissioner voted for the other; and requested that Ms. Joiner read the name of the Commissioner who voted for someone else and he or she can decide where they want to go.  Ms. Joiner stated Cora Lancaster is the only person for the Labor person.  She stated Commissioner Nelson voted for Charles Fisher and Earthy Spaulding; Commissioner Voltz voted for Dr. Gina Wilson Beckles and D. Anne Tinelli-Thompson; Commissioner Bolin voted for Dr. Gina Wilson Beckles and Carolyn Mobley; Commissioner Colon voted for Robin Turner and Earthy Spaulding; and Chairman Scarborough voted for Charles Fischer and D. Anne Tinelli-Thompson. 

 

County Manager Peggy Busacca stated District 4 is the tie breaker for one and District 5 would be the tie breaker for the other.  Commissioner Bolin advised she will vote for D. Anne Tinelli-Thompson; and Commissioner Colon stated she will vote for Charles Fischer.

 

The Board reached consensus to appoint Corey Lancaster as a citizen who represents those areas of labor actively engaged in home building in connection with affordable housing; Charles Fischer as a citizen member who is actively engaged as a for-profit provider of affordable housing; and D. Anne Tinelli-Thompson as a citizen who is actively engaged as a not-for-profit provider of affordable housing.

 

 

 

County Attorney Scott Knox stated the first question is related to the treatment of RV’s; there was some confusion because the very first item under the list under the residential category of the assessments says if it is a condominium-recreational vehicle; and Ms. Adams or Mr. Spakes may have thought that was a recreational vehicle; but what that refers to is the Great Outdoors in Titusville.  He advised by looking further down the list there are other types of condominiums listed specifically, including single-family residential and this is treated as residential.  He noted the RV parks are treated under commercial as campground trailers.  He stated the other questions that came up was the exemptions for churches and not-for-profits; those are not treated as part of the assessment program itself; those are paid for through the MSTU; and even though the MSTU was voted upon in 1998 to expand the millage to .6431, there was existing millage there that was designated for fire assessment purposes so that can be used to cover the exempt properties.

 

Commissioner Nelson stated there was a question about the Board’s ability to move the assessments around; Ms. Adams raised a question about the fact that based on the testimony the Board received it decided to treat condos as one instead of a fraction of it; and clearly the Board has the ability to do that.  County Manager Peggy Busacca advised if the Board is interested in the financial issues, staff can get that information for it and distribute it. 

 

Commissioner Voltz stated the Board gave the information and Mr. Burton went back and looked at it; and it was not a magic thing that he did on his own.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise an ordinance amending Ordinances 06-45 and 07-44, Brevard County Code of Ordinances, to incorporate the proposed Fire Services Special Assessment methodology as authorized by the Board on July 29, 2008, with the ordinance amendments incorporating the new methodology, as well as such definitions, legislative findings, updates, and clarifications as may be necessary.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough stated as the Board may recall, it heard that the City of Cocoa was increasing its water use fees; and there was an extremely extensive hard discussion about whether the Board does some things within its own system.  He  stated the City is already running surpluses that are being transferred to the General Fund; what that increase is going to come into is not needed for water and sewer; it is being used to subsidize the bottom line of the City of Cocoa’s General Revenue Budget; and point in fact is that the people in Pt. St. John, Viera, and Merritt Island are subsidizing Cocoa.  He stated he would like Scott look into if the Board has a cause of action on behalf of the people that it serves when something like this happens; and to report back to the Board.

 

Chairman Scarborough inquired if the Board has a problem with Mr. Knox researching the issue; and stated he wanted Dick Martens to speak on this item, but he forgot to ask him to stick around.  He stated it will go to an entity that benefits a select number of people.

 

Commissioner Voltz stated it is the same thing the City of Palm Bay brought up against the County as it was using General Fund money to fund the fire department; and this is kind of a reverse type of thing.  Chairman Scarborough stated the City of Cocoa water system serves a tremendous amount of people; if a person is drinking water in Viera he or she is drinking Cocoa water; and it reaches all over the place. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct the County Attorney to provide a report to the Board determining if the County has any cause of action on behalf of its citizens regarding the City of Cocoa increasing its water use fees and subsidizing its General Revenue Budget.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson inquired if the report should also include if there is a capital need the City of Cocoa has identified that would justify this; with Chairman Scarborough responding if there is a capital need why is the City already transferring; and stated the City has already transferred $20 million in the last year.  Chairman Scarborough stated the County does nothing like this; this is just as much as if someone is running Florida Power and Light and the trouble is he or she would not be under the scrutiny of the Public Service Commission; and there is no one to look over it asking why.

 

Upon motion and vote, the meeting adjourned at 6:35 p.m.

 

 

ATTEST:                                                        

                                                                         _________________________________

             TRUMAN SCARBOROUGH, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)