MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 11, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 11, 2007, at 9:05 a.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 Pastor Troy Dobbs, First Baptist Church of Merritt Island, Merritt Island, Florida.

 

 

Commissioner Helen Voltz requested everyone remember the servicemen and women at Christmas, and led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve the August 9, 2007 Workshop Minutes.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon stated she hears sleigh bells.  

 

Santa Claus stated he looks forward to visiting the Board every year.  He presented gifts to each Commissioner, the County Manager, and the County Attorney.  He stated Santa has heard that the Board is thinking about taking a more philosophical approach to issues, which is good; and the folks at the North Pole wanted to share with the Commissioners a book by their favorite philosopher, Yogi Berra.  He commented on quotes from Mr. Berra, such as “When you get to a fork in the road, take it.” and “If you don’t know where you’re going, you’re going to wind up somewhere else.”  Santa Claus wished everyone a very Merry Christmas. 

 

 

 

Chairman Scarborough stated there was a submittal for a Small Area Plan for Mims; a number of people are present with an interest in that item; and it is his understanding there are issues that the citizens would like to resolve.  He stated the best way to do that is to take it up with the 2008A cycle; and that will allow plenty of time to work on it.  He inquired if that is the consensus of the public; and stated he does not see anyone objecting. 

 

Commissioner Bolin inquired if Chairman Scarborough is talking about the Mims transmittal; with Chairman Scarborough responding yes.  Chairman Scarborough stated apparently at the Planning and Zoning meeting, there were a number of people in the community in attendance; and inquired how many meetings were held.  Randy Hunt advised there were three well-attended public meetings at Cuyler Center, and there were numerous informal meetings as well.  Chairman Scarborough stated there were a number of people who wanted to become involved in the discussion and felt they needed more time for them to become involved; and rather than holding off the other two components that are part of this transmittal, the best thing would be to move the Mims item to the 2008A cycle.  He stated that will give them plenty of time to make sure all the questions are answered.  Mr. Hunt stated they could easily have more community meetings to take care of any objections; and they will hopefully have a consensus document ready for the Board in March 2008. 

 

Commissioner Bolin inquired if only the Mims transmittal will be pulled out, and the Board will look at the rest; with Chairman Scarborough responding the rest will be heard. 

 

Commissioner Colon stated she has heard concerns having to do with Sherwood; there has been feedback from the community that Sherwood does not want to be part of the study area; and inquired if it would be premature to take Sherwood out of the study area.  Chairman Scarborough responded it would probably be best not to take any action today to do that, and allow the citizens to do that in their discussion; that may be what happens; but the item is just talking about the transmittal.  He stated they will pull the Mims item from the transmittal package; otherwise he will have to take comments from everybody.  He stated the problem is the board only allows people to go to the mike once; that precludes the opportunity to see evolving discussions; and he would like to have it go back to the community. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to remove the Mims study from the 2007B Comprehensive Plan Amendment transmittal.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough complimented Mr. Hunt on the wonderful job he did; and stated the people that did not participate are going to have an opportunity to see Mr. Hunt’s creative abilities in trying to put these things together.  Mr. Hunt advised they will bring their utmost talents to bear.      

 

 

Assistant County Manager Mel Scott advised the Board just removed item 2007B.1 from Item VI.H, Approval to Transmit, Re: 2007B Comprehensive Plan Amendment Package. 

 

 

 

Chairman Scarborough read aloud the resolution proclaiming December 21, 2007 as National Homeless Persons’ Memorial Day. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming December 21, 2007 as National Homeless Persons’ Memorial Day.  Motion carried and ordered unanimously. 

 

 

A representative of the Brevard Continuum of Care Coalition thanked the Board for recognizing the plight of the homeless; stated it is an area that is overlooked; and they look forward to the Board helping to get some homeless shelters in the north, central, and south ends of the County.  He stated in Titusville alone, they have lost three homeless persons this year; there are two homeless men present today; and on behalf of the homeless people and all of the people who work with those in need, he would like to thank the Board.  He requested the Board help to expedite so the needs can be met for those who are homeless through no fault of their own.  He stated he is a pastor and if he missed a few paychecks, he would be out on the street; and commented on needs of the North Brevard area tripling this year, the number eight meaning new beginnings.  He thanked the Board for its concern for those in need. 

 

Commissioner Colon thanked each of the folks who are present for their dedication and commitment to the homeless and the community; and stated she is thankful for each and every one of them.  She stated they have been working for years to get a shelter; it is a tremendous undertaking; and they are not giving up, but are continuing the good fight.  She expressed appreciation to the Brevard Continuum of Care Coalition; and advised of being left homeless when she was a child as a result of a fire.  She stated there is no shame in being homeless because everyone is just a few paychecks away from that; and she is proud to live in a community that has the compassion to care for the homeless.

 

Chairman Scarborough presented the Resolution to the group from the Brevard Continuum of Care Coalition.  

 

 

Commissioner Bolin read aloud a resolution naming the Viera Wetlands as the Ritch Grissom Memorial Wetlands at Viera in honor of Mr. Grissom’s service, dedication, and ultimate sacrifice to the citizens of Brevard County.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to waive the requirement of BCC-58 for a one-year waiting period after death; and adopt Resolution naming the Viera Wetlands as the Ritch Grissom Memorial Wetlands at Viera in honor Ritch Grissom’s service, dedication, and ultimate sacrifice to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Joanne Grissom thanked the Board for the memorial; and stated it would have been just what her husband wanted as he always had a place in his heart for nature.  She commented on his work at the Valkaria Golf Course, removal of sea turtles from a storm drain on the beachside, finding homes for kittens he found, and working at Viera.  Commissioner Bolin presented the Resolution to Mrs. Grissom. 

 

 

Commissioner Colon stated Richard Grissom lived in Palm Bay; commented on his funeral; and advised Mr. Grissom affected many lives as a coach so his legacy goes on. 

 

Commissioner Bolin stated the County will be putting a sign up and having a memorial; and she will let Mrs. Grissom know when that happens.

 

 

 

Chairman Scarborough read aloud a resolution recognizing the achievement of the rank of Eagle Scout by Allan Jeffrey Money.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing the achievement of the rank of Eagle Scout by Allan Jeffrey Money.  Motion carried and ordered unanimously. 

 

 

Allan Money stated he is honored to be recognized; and Eagle Scout is a big thing for people to have in their lives although not as many people know about it as he would like.  He stated no one can become an Eagle Scout by themselves; and advised of receiving help from many people.  Chairman Scarborough presented the Resolution to Mr. Money.  

 

 

 

Commissioner Voltz stated there are four people she would like to recognize from the Community Based Care Board.  She read aloud resolutions recognizing Irene Burnett for receiving the Lifetime Achievement Award, William Ryder for receiving the Ann Bowden Award, Leo Roselip for being named the Trustee of the Year, and Dr. Patricia Nellius for being named Administrator of the Year by the Florida Coalition for Children. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Irene Burnett upon her receipt of the Lifetime Achievement Award from the Florida Coalition for Children.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing William Ryder upon his receipt of the Ann Bowden Award from the Florida Coalition for Children   Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Leo Roselip for being named the Trustee of the Year by the Florida Coalition for Children.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Dr. Patricia Nellius for being named Administrator of the Year by the Florida Coalition for Children.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated she serves on the Community Based Care Board; and they go above and beyond. 

 

Irene Burnett stated this is a great honor; and thanked the Board.

 

William Ryder stated he appreciates the honor the Board has given him; and he also appreciates being given an award with Ann Bowden’s name on it, as she is a lady who has done so much in the area for which they are being recognized today.

 

Leo Roselip stated he is proud to be member of the public of Brevard County, which is the greatest place in the world to live; and thanked the Board for the Resolution. 

 

Dr. Patricia Nellius thanked the Board for the contribution it made in the implementation, start-up, and leadership of Community Based Care of Brevard; and stated she attributes much of the success of the group to the foresight the Board had in caring for and protecting children in Brevard County.

 

Commissioner Colon stated former Commissioner Nancy Higgs was instrumental in making sure that children were protected; she was a huge advocate; and expressed appreciation to her. 

 

Commissioner Voltz presented the Resolutions to Ms. Burnett, Mr. Ryder, Mr. Roselip, and Dr. Nellius.  She stated Brevard County got the majority of the awards; they have done a marvelous job; and expressed appreciation to former Commissioner Nancy Higgs who was instrumental in the start of all this. 

 

 

 

Commissioner Bolin stated Barbara Tarbox of the Central Services Department is being applauded for her above and beyond service to the County; Ms. Tarbox began as a temporary employee in 1998, but quickly joined Brevard County full time, and has advanced from the Purchasing Department Administrative Secretary to Executive Secretary; and she has become the go-to person for County staff.  She stated one of Ms. Tarbox’s coworkers said, “She always make sure you feel special in her own unique and whimsical way.  She is truly giving you the sense of caring.”  She stated another coworker said, “I’ve generally greatly enjoyed working with Barbara over the years.  She’s always been very dedicated.  If I’m in a time crunch to complete a task, she always is there to offer her assistance.  She handles multitasking very well as our office asks much of her and she’s always up to the task.  I enjoy working with Barbara very much and value her greatly as a coworker and a friend.”  She expressed appreciation to Ms. Tarbox for always being patient, pleasant, and dedicated to Brevard County staff, including the District 4 staff. 

 

Barbara Tarbox stated she has been blessed to be surrounded by County employees who helped her when she came to the County; and she believes in sharing what one knows. 

 

Central Services Director Steve Stultz stated Ms. Tarbox is a great example of the customer service that staff tries to provide to all Departments, contractors, and vendors; and she is a great coworker.  He stated what her coworkers failed to say is that she keeps everyone in the office in line by reminding them that she has already raised her kids and does not need any more to raise. 

 

Commissioner Bolin presented a Certificate of Appreciation to Barbara Tarbox. 

 

Chairman Scarborough advised if more than one Commissioner wishes to give staff recognition, there is no reason why they have to wait to do it. 

 

 

 

County Manager Peggy Busacca stated Policy BCC-92 concerns reimbursement of expenses; the Board talked about this briefly at the last meeting; and the Commissioners may have received a copy of some information that was provided to change the paragraph related to travel.  She stated Chairman Scarborough’s office may have transmitted that to the Commissioners yesterday. 

 

Chairman Scarborough stated he did a couple of word changes; and sent it yesterday rather than having Commissioners trying to look at it this morning.  He stated his thought was that the Commissioners should only travel without prior permission only for the most critical reasons, which would be the legislative package and the space initiative.  He stated that was the intention; and then a Commissioner would come back at the next meeting to get approval after the fact so it would not be approved totally outside the box, but for things that have already been determined to be critical items for the community.  He stated he would hate to have a Commissioner not travel because there is no Board meeting; and sometimes in Tallahassee things happen very rapidly. 

 

Commissioner Nelson stated from time to time all the Commissioners go to the Florida League of Cities local meetings; that is a strong group and very good; and recommended expanding the policy to include that group.

 

Chairman Scarborough stated the Board could have a motion separate from the policy to approve travel to certain things so it could be on the record.  Ms. Busacca advised under events she include language that says, “events may include but not be limited to . . . .”  Commissioner Nelson stated it is included that would be great; but it was not specifically mentioned and the Commissioners are not members of the organization.  Ms. Busacca advised that is true; but she was thinking that the Commissioners had each been appointed to the League of Cities so that would be included in the language pertaining to entities on which the Commissioners serve by appointment of the Chairman; and the Board may want to expand that to specially say League of Cities.  Chairman Scarborough stated in every case he would like to have votes by the Board where possible because it is always best to bring it up and say where the Commissioners are going even though the policy says they can travel.  He stated his main concern is that there may be an opportunity to interface with someone at a critical moment.

 

Commissioner Voltz stated she was not sure whether Commissioner Nelson meant the Florida League of Cities conference or the Space Coast League of Cities dinners that are held once a month.  She stated she normally goes to the dinner meetings and has been for years.

 

Chairman Scarborough stated with what has been happening with the reduction in funding for local government, if there are critical speakers at the League of Cities State conference, it would be appropriate to go; but normally the Board has advanced notice of those meetings and will be able to take a separate vote.  He stated he wants the Board to vote and tell the people what it is doing; and his concern was if the event was critical but a surprise.

 

Commissioner Bolin stated she agrees with the new wording for Washington, D.C. and Tallahassee as far as space because those issues change from hour to hour, and the Commissioners need to be able to be flexible to be able to travel to get there; but the Florida Association of Counties already has a schedule set for the whole year, so that does not need to be itemized as an emergency and can be pre-planned. 

 

Commissioner Colon stated this is a policy; and inquired if permission to attend local events will be a separate motion.  Chairman Scarborough stated he would like all travel to come before the Board for approval, even though the policy says how things will be paid; it can come to the Board either before or after the fact, so if there was a League of Cities meeting in Orlando for the whole State that would have critical discussion going on, a Commissioner could ask for permission for the Commissioners to travel there; and that would go on the record.  He stated that is the best way to do it in each case, even though there is blanket coverage; the Commissioners would come to the Board even though it is redundant; but any time a Commissioner travels it is good that the community knows why they are traveling; and that is just being a good fiduciary. 

 

Commissioner Colon stated that is what the Board has been doing all along; that does not change anything; they are not doing anything they have not done in the past; and that is the kind of transparency they have had for years.  She stated any Commissioner who is about to travel has always come to the Board and asked if it is okay; that is not anything new; and she was just referring to the events that happen in the County such as the League of Cities, the EDC events, and all that where the Commissioners are representing the County. 

 

Chairman Scarborough stated after the Board changes the policy, it could have a motion to authorize the Commissioners to attend the monthly meetings of the League of Cities so the Clerk has that as an action item by the Board.  Commissioner Colon stated that is where the problem has always been; the Clerk is just trying to do his job; and if the Board is very clear, it will not have these discussions.  Chairman Scarborough stated it will let people know what the Board is doing and why. 

 

Commissioner Voltz stated if she was a regular citizen she probably would not go to a meeting, but because she is a Commissioner, she goes to Chamber breakfasts, League of Cities dinners, and EDC functions to keep in tune with other elected officials in the community; but the issue is whether or not they have been authorized to go by the Board.  She stated she thinks they all should be attending those meetings just to keep up; the people need to know who their Commissioners are; and the Commissioners need to hear from the people, so it is important to attend all those functions.

 

Chairman Scarborough stated he does not think anybody disagrees with that; a blanket motion to attend those meetings would assure the Clerk that the entire Board has voted on it, which goes beyond the policy; and the policy does not preclude it, but just reiterates that specific meeting has been approved. 

 

Commissioner Voltz inquired if they will vote each time they are going to go; with Chairman Scarborough responding after the board makes the change to the policy, it can begin to deal with each travel event with blanket approval to attend all League of Cities meetings and Chamber of Commerce meetings, for instance; and that way it will be in the record for the Clerk’s office.  Commissioner Voltz inquired if the Board wants to put any of those in the policy; with Chairman Scarborough responding he would prefer not to because if they say certain specific things, then it is presumed that they did not say other specific things. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve revised Policy BCC-92, Reimbursement of Expenses.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize all Commissioners to attend events, such as the Space Coast League of Cities, Chamber of Commerce breakfasts, and EDC functions, that they would be attending in their official capacity as Commissioner.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated every time a Commissioner wants to travel to a specific event, even though there is a redundancy, it will come back and the Board will talk about it.

 

 

 

Commissioner Nelson stated last Friday he attended the annual economic development breakfast for the City of Cocoa; it was a nice function; and he got an opportunity to see what the city’s plans are for the upcoming year.  He stated the City created a marketing video to try to bring in industry, particularly to the Grissom Park area where there is an industrial park; and it was a great function.  He stated he appreciates the job done by Mayor Mike Blake and City staff; it was well attended with 150 to 200 folks there; and there are good things on the horizon. 

 

 

 

Commissioner Nelson stated he and Commissioner Bolin were in the Cocoa-Rockledge parade; it was a great event; and they had a good time.  He stated the week before was the Merritt Island parade; they are put on by the County’s Parks and Recreation Department with a lot of help from the cities and the Sheriff’s Office; and the route was lined, so it was a nice event.  He stated he appreciates the job done by staff and the Cities of Cocoa and Rockledge.  He advised the Cities of Cocoa and Rockledge are competitive; every year the Mayor and City Manager of the city that loses the Cocoa versus Rockledge football game has to wear the jersey of the city that won for the entire parade route; it was interesting to see Larry Schultz, the Mayor of Rockledge wearing a Cocoa jersey; but the year before Mayor Blake had to wear a Rockledge
jersey, although he one-upped them because he had a fan that had a picture of Mayor Larry Schultz on it.

 

 

 

Commissioner Voltz stated her office is back up and running; she was going to have her appointments on this Agenda; but since she has not been in the office, she has not been able to do that, so will have them on Thursday.  She stated when everything went, her refrigerator was falling apart; but for some reason staff is saying it cannot provide a refrigerator for any office, so she cannot replace her refrigerator.  She stated it was the same refrigerator the Board has; and inquired who provided it.  County Manager Peggy Busacca stated she was not aware of this; and she will be happy to provide a refrigerator for Commissioner Voltz’s office. 

 

Commissioner Bolin inquired if she can get an upgrade, because she bought a refrigerator for her office.

 

Commissioner Voltz inquired if a motion is necessary; with Chairman Scarborough responding he does not think a motion is necessary as it was just a question about policy. 

 

 

REPORT, RE:  COCOA-ROCKLEDGE CHRISTMAS PARADE  (CONTINUED)

 

Commissioner Bolin stated the Cocoa-Rockledge parade was wonderful; this is the first time she was in the parade; she had every intention of walking like she does in the Melbourne parade; but after looking at the route, she decided to ride as it was quite a long parade.  She stated as Commissioner Nelson said, it was packed; and she was totally unprepared.  She stated her only suggestion as far as the rivalry is that the loser should walk the route. 

 

 

 

Commissioner Bolin stated she would like to continue going to the League of Cities meeting; she has been attending for a long time; and she will try to go to the Florida Association of Counties meetings also.

 

 

 

Commissioner Bolin stated this Friday will be the groundbreaking of the Pineda Extension; it will be held at 4:00 p.m. on Wickham Road, next to the old car wash; and she is excited about it.  She stated Road and Bridge is shaking in its boots because it will have heavy equipment there, and she has asked for the keys.  She stated she hopes everyone will be able to attend as it will be the start of something wonderful. 

 

Commissioner Voltz inquired if former Commissioner Sue Carlson was invited.  Commissioner Bolin responded she invited every Commissioner that had anything to do with District 4 in the last 30 years.

 

 

 

Commissioner Colon stated it has been an exciting couple of weeks; she is glad the Board mentioned former Commissioners who were champions on the Board; Commissioner Higgs and Commissioner Carlson were incredible champions of so many causes; and she is grateful for all the hard work they did because now the County is seeing a lot of the fruits of their labor.  She stated it is the same as when she was on the City Council; she is seeing the widening of Emerson now in Palm Bay; and she remembers when she made that motion, but it was five years before it actually took place.

 

 

 

Commissioner Colon stated yesterday she went to the Fire Academy to serve as the keynote speaker; and it was an incredible experience to see the young men and women who are stepping up to the plate.  She stated she was able to share with them the story about the fire, but did not tell them the second part of the story, which is that the fire started again and that is when her family lost everything.

 

Commissioner Colon stated she went to Country Acres; and thanked Commissioner Scarborough for his support of the children.  She stated Commissioner Bolin was also present; and Joanie Johanesen has done an incredible job at Country Acres.  She stated the children are getting the love and commitment that they deserve. 

 

Commissioner Colon stated also this weekend she met with a representative of Attorney General Bill McCollum’s office; and they are going to be working very closely on a lot of the crime issues.  She stated she shared some of the things Brevard County has been dealing with, and that she is the crime liaison who will be going to Tallahassee.

 

Commissioner Colon stated she also attended the Pow Wow with Native Americans; it was an incredible event to see because it is part of the heritage in Brevard County; and people came from all over the State. 

 

Commissioner Colon commented on Christmas parades in South Brevard; and stated this year they decided to have a float.  She stated there were 45 folks on the Jackie Colon Team; it was exciting but extremely humbling to her and to the team because of the love that the people showed for them this weekend and last weekend.  She stated she was very touched; she started crying because people were yelling, “Jackie, thank you”; and she will never forget the love that the public showed for her over the last two weekends.  She stated it was very humbling; the entire team was very emotional; and thanked everyone on behalf of the Jackie Colon team. 

 

 

 

Commissioner Bolin stated she would like to pull Item III.D.1, Approval of Expenditures, Re:  Property for Fire Station 84, from the Consent Agenda as she needs more time to research the item. 

 

Chairman Scarborough inquired if Commissioner Bolin wants to discuss the item or table it.  Commissioner Bolin stated she would like the item to be tabled to the next meeting. 

 

Chairman Scarborough stated he would like to discuss items III.C.1, Acceptance, Re:  Utilities Services Audit Report/Proposed Risk Assessment and Audit Plan and III.C.3, Resolution, Re;  Harry T. and Harriette V. Moore Justice Center Expansion Sales Tax Revenue Bonds, Series 2008.  He stated Items III.C.1 and III.C.3 will be discussed at the end of the meeting; and Item III.D.1 will be tabled to the next meeting unless Commissioner Bolin needs more time.  Commissioner Bolin requested it be tabled to the first meeting in January 2008.

 

Commissioner Voltz stated that seems like a long time; and inquired if it can be considered on Thursday, December 13, 2007.  Commissioner Bolin stated that would only give her one day; she needs more time; they are talking about a lot of money; and she would  not be comfortable with expenditure of that amount of money that quickly. 

 

Commissioner Nelson stated he agrees with Commissioner Bolin and he also wanted that item to be pulled because they are changing the whole concept of what they are doing, so that needs further discussion, which cannot happen between now and Thursday.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table consideration of expenditures for property for Fire Station 84 to January 8, 2008.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Amendment No. 1 to Agreement with Florida Fish and Wildlife Conservation Commission releasing funds for finalization of the Derelict Vessel Removal Project, with no in-kind or matching funds being required.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve refund of after-the-fact portion of the fee in the amount of $1,500.00 for a Surface Water Permit for construction of a replacement seawall at 2120 South River Road, Melbourne Beach, Florida.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution commending Douglas Grant Calhoun on his retirement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize the County Manager or her designee to enter into a Statement of Work Agreement with an Associate Medical Examiner appointed by the District Medical Examiner on an as needed basis, paid per case rate, in the absence of a full-time Associate Medical Examiner; and depending upon the desire of the qualified applicant, authorize the County Manager or designee to either enter into an agreement with a full-time Associate Medical Examiner candidate selected by the District Medical Examiner as an independent contractor, or create an Associate Medical Examiner ungraded appointive service employee position under the County’s Classification and Pay Plan system; and further approve a job description to be included in the County’s Classification and Pay Plan and authorize the County Manager to utilize General Fund contingency to cover any increase in costs.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize the submittal of a grant to the United States Department of Justice; and authorize the County Manager to execute contract associated with an award, contingent upon County Attorney and Risk Management approval.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission for the Mosquito Control District to solicit bids, and award to the lowest responsive and responsible bidder for the purchase of three office trailers; authorize the Chairman to sign any necessary contract(s) required for the completion of the projects; approve a Budget Change Request allocating up to $165,000 from available and uncommitted Mosquito Control balance forward; and approve the transfer of $90,000 from the current Mosquito Control operating budget into Capital Outlay/CIP for the project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve and authorize the Chairman to sign the Fiscal Year 2008 Certifications and Assurances for Federal Transit Administration Grants.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to issue a Request  for Proposal for Space Coast Area Transit to obtain an Engineering and Planning Consultant for various Federal Transit Administration funded projects; and approve a Selection Committee consisting of Transit Services Director James Liesenfelt, SCAT Manager of Operations, SCAT Special Projects Coordinator, Parks and Recreation Director or his designee, and the Purchasing Director or designee as a non-voting member.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution qualifying Summation Research, Inc. as a qualified Targeted Industry and requesting the State waive the QTI local match requirement in lieu of the county’s tax exemption local match.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to advertise for an administrative amendment to RMD Americas, LLC’s Economic Development Ad Valorem Tax Abatement Ordinance under the County’s Tax Abatement Program.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve a proposal from Symetra Financial to renew stop loss coverage for the group health program; and authorize the Insurance Director to execute all documents necessary to bind the coverage.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize renewal of the Long Term Disability Insurance Policy, effective January 1, 2008; and authorize the Insurance Director to execute the contract renewal, with renewal rates remaining at the in-force rates for two years through December 31, 2009.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Frequency Reconfiguration Agreement, pending review and input by the County Attorney; authorize the Chairman to sign the Agreement, as approved by the County Attorney; and authorize the County Manager or her designee to execute and sign any additional documents or agreements concerning the Frequency Reconfiguration Agreement.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to appoint/reappoint John Mongioi and Wayne Mozo to the Marine Advisory Council; Peter Rochester to the Investment Committee; Dale Young to the Citizen Budget Review Committee; Fran Wales to the Building and Construction Advisory Committee; Nick Witek, Leon Tucker, and Clifford Barber to the Contractors Licensing Board; Cheryl Lawson-Young to the Country Acres Advisory Board; Barry White to the Economic Development Commission of the Space Coast; Leesa Souto and Wayne Mozo to the Environmentally Endangered Lands Procedure Committee; Karen Hill and Murray Hann, to the EEL’s Program Recreation and Education Advisory Committee; Josiah Snodgrass to the Arts in Public Places Advisory Committee; William Pezzillo to the Medical Services Review Committee; Yvonne Shingler, David Paterno, and Lynn Pickett to the Historical Commission; Juanita Barton and David Paterno to the Community Action Board; Evelyn Morrison, Cynthia Mitchell, and Carlleen Cairns, to the Brevard County Commission on Status of Women; Joseph Steckler and Amy Faulkner to the Brevard Commission on Aging; Cleve Frink to the Personnel Council; Evelyn Guadalupe to the Employee Benefits Advisory Committee; Fritz Kawohl to the Library Board; Stephany Eley, Nelle Ayres, and Julia Derrick to the West Melbourne Public Library Advisory Board; Kevin Kaylor to the Public Golf Advisory Board; Clifford Barber to the Palm Bay Regional Park Advisory Committee;
J. Keith Farguharson, Ted Whitlock, and Mary Geoltz to the Parks and Recreation South Service Sector Advisory Board; Dudley Anderson to the Palm Bay Regional Park Advisory Committee; Ayn Samuelson and Dale Young to the Zoning Board of Adjustment; Cleve Frink and Evelyn Morrison to the Planning and Zoning Board; Bonnie Decaro, Sharon Savastio, and Robert Wilmarth to the Metropolitan Planning Organization Citizen Advisory Committee; Tom Redmond to the Valkaria Airport Advisory Board; and Carlos Colon to the Veterans Memorial Park Advisory Board, with all terms of appointment expiring on December 31, 2008.  Motion carried and ordered unanimously. 

 

 

 

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

 

 

Richard LeAndro stated a couple of weeks ago, at the suggestion of Commissioner Nelson, Wickham Park was returned back to the operator by Parks and Recreation instead of a private company coming in; the citizens were promised that Parks and Recreation would run the
concession at the Titusville Veterans Memorial Pier; the citizens’ plan would have only cost $450,000 to complete; and everything could have already been open and running two years ago; but to date the cost has escalated to over $1.5 million.  Mr. LeAndro stated it is wrong; and it is a disgrace that taxpayers’ money is being used to provide a service to a contractor who is going to be running the pier, and especially one that does not live in Brevard County.  He reiterated it is wrong; it is unfair; and they have it in writing.  He stated he has been involved with government for over 45 years as a volunteer, starting when he got out of the Marine Corps in the Korean Conflict; he has been involved since he first moved to Brevard County in November 1991; and commented on working on different projects including the new bridge.  He stated Commissioner Nelson was wrongly made the scapegoat; Commissioner Nelson and Jack Masson traveled from one end of the County to the other attending meetings trying to do what the community wanted; and commented on his winning the election over former Commissioner Ron Pritchard.  He stated he has never seen a County employee put forth so much effort; he does not know how Commissioner Nelson’s wife approved of everything; and advised of his wife’s concern when he was traveling all over the State with the Ross Perot organization.  He stated he has been asked by others to thank Commissioner Nelson for all that he did for the community; when they talk about the buck stopping, it should not have stopped at Commissioner Nelson, but should have gone higher; and some of the Commissioners are the reason for allowing a bond referendum so immense to go forward.  He stated it is a 20-year bond; they cannot get to all those projects; and each Commissioner should have only been allowed two distinct projects that were controllable and could be done instead of a massive bond referendum that is going to be going for a long time.  He stated a couple of weeks ago Commissioner Nelson convinced the Board that the people wanted to have control over the Wickham Park horse area; and it was decided that they would have control.  He advised of serious problems with previous concessionaires at the Titusville Veterans Pier and arranging additional police presence at the Pier; and expressed appreciation to Commissioner Nelson again for all his efforts.  He stated it is wrong to take that out of the hands of Parks and Recreation when they worked so hard and the citizens voted to have Parks and Recreation; Commissioner Nelson or Jack Masson should not have been the fall guys; they cooperated with the people every bit of the way; and he volunteered to work for $1 a year to oversee projects.  He stated the Board should reconsider; the people want Parks and Recreation to run the Pier; it was already provided for in the budget; they already had the books to order the equipment; and now they have a brand new building that is shut down, deteriorating, and rusting.  He stated they will never be able to recoup the money that the taxpayers spent for the pavilion; he knows the profit margin; and inquired what is wrong with giving the people what they want as they are the ones who paid for it.  He commented on having a right to have a say, doing what Commissioner Scarborough suggested, and the users of the facility being the ones in charge of what goes on.

 

Commissioner Scarborough stated Mr. LeAndro is referring to the concession area, which is complete; but the Pier itself was destroyed in one of the hurricanes when boats broke loose and damaged it; and because of that they have been able to get FEMA funding, which is in process.  He stated the other issue that is still pending is that the community wanted to put the Pier closer to the water; and they ran into all kinds of environmental issues and concern of it being broken away.  He stated the engineering consultant hired a subagent engineer to analyze wave pressures to see if it could be permitted; it was at eight feet, which made it difficult to fish and shrimp; and the issue is whether they can get the Pier permitted at a lower level.  He advised the lower level will make it easier for people to use, but in storm events, waves will be breaking on the pier; and those are the pending issues, receipt of the FEMA funds and permitting to build it lower. 

 

Joan Wheeler stated there are some unique referendum projects in North Brevard; as she watched the meeting last week, she thought the Board could spend a million dollars for 48 horses, but not for over 100 kids to play ball on the ball field; and now they want to take away all the ball fields.  She stated the Board approved a plan for Marina Park about three or four years ago; the City also approved it; but now they want to take the ball fields out of the park because there are not enough kids to warrant spending that much money on them.  She stated in 2006 the Little League began dissolving itself so the kids would not be playing there; and the new plans left one ball field there.  She commented on the North Brevard Board wanting to take down the money, leaving one ball field on 22 acres; saving $500,000, and the ball field already being there.  She stated they could keep at least one ball field for people to go down by the river and have something to do besides put their feet in the water; when there is that much land, it cannot all be water; and to the west side is a street.  She stated it is a large section of land that could be something; but now the Board is making decisions instead of the people.  She stated they have something that is unique just like with the horses; they do not care too much as long as the money fits what they want on Marina Park; and they do not know yet what that is.  She stated she is sure Commissioner Scarborough has spent many hours talking about all the projects in North Brevard; and she does not know how many hours he spent on Marina Park, but she does not think it is enough yet.  She stated she does not know what his plans are; but when the Chairman of the Board comes in and tells them what they are supposed to do, she gets discouraged and asks where are the people on this.  She commented on attendees at a meeting; stated the Board is going to make the decision; it was given the Committee’s recommendation but started tearing it apart; and it is not the people’s decision.  She stated concerning what the Board was saying about the League of Cities, it seems to her that work is done at the Board level, not at dinners; dinners are just networking; and when people are networking, they are not working.  She stated if the Commissioners go, the people would like to know where they went, why they went, and why the citizens are paying for it.  She noted it is a lot of money when the Commissioners keep going to a whole bunch of events.   

 

Chairman Scarborough stated concerning the status of Marina Park, as Ms. Wheeler indicated, there used to be three baseball leagues in North Brevard; the one in the center, which was using ball fields at Sandpoint and was going to use the one at Marina Park, dissolved; and it was not a decision of Parks and Recreation, but by the National Association.  He stated Marina Park was originally designed for ball fields, but when the remaining two leagues found that the players were moving to W.W. James Park and Holder Park, their desire was to expand one place rather than have a third area; and they have requested to expand fields there.  He stated there were other comments that the field would consume land that could be on the waterfront; however, these issues are going through a process; the North Brevard Parks and Recreation Board has a subcommittee on Marina Park, which has met and made suggestions; and it has gone to the Parks and Recreation Board, which still has some questions.  He stated the Board of County Commissioners has not seen it and will not until it goes to the Parks and Recreation Board; the City of Titusville is under an arrangement with the Internal Improvement Fund of the State of Florida; and the Board will hear options at some future date.  He stated there is a lot of concern; Ms. Wheeler has spent a lot of time studying the concerns; and it would not be appropriate for him to weigh in until he lets the public comments continue.

 

Commissioner Nelson inquired if the concession agreement that Mr. LeAndro brought up will be coming to the Board for approval.  Parks and Recreation Director Don Lusk responded no; it has been negotiated and signed by the corporation; and staff has authorization for the County Manager to sign the document, which is how they often do procurements.  Commissioner Nelson inquired if he can get a copy of the document; with Mr. Lusk responding yes. 

 

Chairman Scarborough stated that had come to the Board, but it deferred it; there were a number of issues; and part of the problem is that there is going to be a major construction project coming when the new bridge to the Wildlife Refuge and the Space Center is built.  He stated it is conceivable that it may become problematic to get to this area, so they are questioning whether there is a viable operation and as soon as they get construction on the fishing pier, how that will work.  He stated there are a lot of issues going on as all these projects begin such as where to put equipment; and it is difficult. 

 

Bea Polk stated the problem is there are too many committees and too many people involved, and the Board does not want to take a stand; Marina Park has been going on since 2000; every time she thinks it is approved, another committee decides something; but the people have spoken.  She stated there is going to be one ball field, which is already there; it is already paid for and the lights are already there; and inquired if the County is going to tear them down.  She stated Chairman Scarborough tells her there is plenty of money to finish the project; but when she goes to meetings, she is told they do not have the money, so she wishes Chairman Scarborough would send them a note telling them to go ahead because there is plenty of money.  She stated until this issue comes to the Board and the five Commissioners who were voted in by the people listen to it, they are never going to open Marina Park.  She stated this is the most disgraceful thing in North Brevard; most of the money went to the Chain of Lakes, which she calls Truman’s frog ponds; and it is ridiculous.  She stated all the money went to the Chain of Lakes; but she cannot find where the Board approved having all the money go there; and inquired who approved it.  She requested the Board bring in an investigator to find out where the money is and who approved it; and stated something is wrong.  She stated she would like to know for sure if there is money to finish Marina Park. 

 

Chairman Scarborough stated there is a spreadsheet, and he thinks Ms. Polk has a copy of it.  Ms. Polk stated she has it, but when she asks different things, everybody comes up with different information; and inquired who made the spreadsheet and where did the paperwork come from to make it.  She stated something has to give; when she is dead they will still not have the money that was to be at Marina Park; and inquired where is it and why are they waiting so long when the people have already spoken.  She stated one committee comes up with an answer and then the next committee says no; she missed the last meeting when she thought they decided to leave the ball field, which is not going to cost anything because it is already there; but someone on the committee convinced the people that it was not needed.  She stated unless someone takes a stand and tells the people where the money is, they are never going to open Marina Park.  She commented on getting rid of the ball field because there is no Little League, things being done under the table, politics being involved, not being worried about the kids, and only worrying about what they want at Marina Park.  She inquired if Chairman Scarborough is going to finish the park before he leaves office; and stated she thinks he should because he promised the people.  She stated Chairman Scarborough has one more year; and requested he make a decision to do something and do it right for the people. 

 

Chairman Scarborough stated Ms. Polk has been handed a spreadsheet; it is constantly updated; in the upper left-hand corner is estimated revenue, which is a subtotal of $12.7 million that is available for all parks; but then there is an additional $5.3 million that is specifically for certain parks, which would be like the FEMA funds for the fishing pier that Mr. LeAndro referred to.  He stated the next column shows what is under contract; the next column has preliminarily committed items, only to the extent that the architecture and engineering work is started; and then there is a column for requests.  He stated Marina Park is the second item on the right-hand
side; what the voters approved was a $1.4 million improvement; what they are talking about is $4 million-plus with the recommendation; when they came out with the second referendum, they said not only were they going to have the ability to complete projects but would have the ability to enhance and enlarge; and so when he said they did not have to limit themselves to $1.4 million, it was because the second referendum indicated that projects would be enlarged and enhanced.  Chairman Scarborough inquired what the Marina Park Committee came out with; with Mr. Lusk responding $4.8 million.  Chairman Scarborough stated the recommendation was more than; someone may ask whether they can do that; the trouble is they were getting requests from different groups; and it is his understanding at the March meeting, the Parks and Recreation Board will analyze which items are going to move from the requested enhancements to the preliminarily committed column.  He noted preliminarily committed does not mean they actually go under contract; but that is where they will start the architecture and engineering work and begin to move to something tangible.  He commented on Rodney Honeycutt being charged and coming back with plans.  Ms. Polk stated he came back with what he wanted; that is a laugh; and she talked to contractors.  Chairman Scarborough stated some of this is technical data; Mr. Honeycutt gave one set of plans to the Marina Park Committee, but then the Parks and Recreation Committee wanted him to come back with another set.  Ms. Polk stated one time Mr. Honeycutt came back with something that was never even discussed; and this goes on and on.  Chairman Scarborough stated this is a County Commission meeting; he is trying to make some sense of this; and currently there are plans that are being projected that are going to bring it to a decision-making point.  He stated it will go to the City of Titusville and to the Board; and he sees a decision being made within the next months.  Ms. Polk stated if Marina Park had been built when Chairman Scarborough told the people and when people expected it, it would not have cost all this money; and requested Chairman Scarborough take responsibility.  Chairman Scarborough stated he does take responsibility; and if he had it to do all over again, he would not do it any differently because if he had put ball parks there, they would not be utilized.  Ms. Polk stated she disagrees.  Chairman Scarborough thanked Ms. Polk for her comments. 

 

Commissioner Bolin stated she is personally glad that Commissioner Nelson is on the Board now instead of being Director of Parks and Recreation. 

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating portions of public utility and drainage easements on Lot 30, Block 127 in Port St. John, Unit 4 as petitioned by Michelle Lynn Hackett.  He advised he has been told there are no problems; with Transportation Engineering Director John Denninghoff conforming that is correct.  

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating portions of public utility and drainage easements on Lot 30, Block 127 in Port St. John, Unit 4 as petitioned by Michelle Lynn Hackett.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating drainage easement on Lot 10 in Hidden Hills Subdivision as petitioned by R. K. Engineering (Bruce Jones). 

 

Transportation and Engineering Director John Denninghoff advised the petitioners failed to comply with all of the conditions that were set forth and necessary in order for the objections associated with the vacating to be resolved.  He noted the item has been continued repeatedly; and the last time it was continued it was with the understanding that if the petitioner had not complied at that point that it would be denied and they would have to reapply.  He stated staff feels the applicant has had more than adequate time to deal with all the issues; they should have been easily resolved; but they have not done so. 

 

Chairman Scarborough inquired if the recommendation is a motion for denial; with Mr. Denninghoff responding affirmatively. 

 

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to deny adoption of a Resolution vacating drainage easement on Lot 10 in Hidden Hills Subdivision as petitioned by R. K. Engineering (Bruce Jones).  Motion carried and ordered unanimously.   

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating a portion of Sorrell Drive right-of-way as petitioned by Kevin Scauzillo, Sherry Scauzillo, and Blake Foster. 

 

Transportation Engineering Director John Denninghoff advised the petitioners have been moving forward to resolve the issues that were outstanding; but they still have a few to go; and recommended continuing the public hearing to January 8, 2008.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the public hearing to consider a resolution vacating a portion of Sorrell Drive right-of-way as petitioned by Kevin Scauzillo, Sherry Scauzillo, and Blake Foster to January 8, 2008.  Motion carried and ordered unanimously.

  

 

Chairman Scarborough called for the public hearing to consider an ordinance for the Twenty-first Small Scale Plan Amendment of 2007, 07S.21.

 

Commissioner Voltz stated this is only involves two lots and not the whole subdivision that they were talking about earlier. 

 

 

Commissioner Nelson stated they are still moving forward with resolving all the other issues associated with the San Sebastian project; but this will allow this person to move ahead.  Commissioner Bolin stated that is correct. 

 

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, Setting forth the Twenty-first Small Scale Plan Amendment of 2007, 07S.21, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.  Motion carried and ordered unanimously.       

 

 

           

Chairman Scarborough called for the public hearing to consider an ordinance for the Twenty-second Small Scale Plan Amendment of 2007, 07S.22.   

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, Setting forth the Twenty-second Small Scale Plan Amendment of 2007, 07S.22, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.  Motion carried and ordered unanimously.      

 

 

Chairman Scarborough called for the public hearing to consider an ordinance for Economic Development Tax Exemption for Live TV, LLC.; and advised the company will be bringing in wages of $45,000.    

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Ordinance granting an Economic Development Ad Valorem Exemption to Live TV, LLC, 700 South Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Live TV, LLC; providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider an ordinance for Economic Development Tax Exemption for Summation Research, Inc.; and advised the company will be bringing in 21 new positions at $46,000.    

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Ordinance granting an Economic Development Ad Valorem exemption to Summation Research, Inc., Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Summation Research, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider approval to transmit the 2007B Comprehensive Plan Amendment.  He advised the Board already determined that the Mims item will be in the 2008A cycle. 

 

Motion by Commissioner Voltz, seconded by Commissioner Voltz, to approve transmittal of 2007B Comprehensive Plan Amendment, 2007B.2, 2007B.3, and 2007B.4. 

 

 

Chairman Scarborough stated cards have been submitted on the item.  Lynn Hansel, owner of the property that is the subject of 2007B.3 declined the opportunity to speak. 

 

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

 

 

Dan Vislocky advised he has no objection to the Amendment, but wishes to thank staff members Sherry Williams and Robin Sobrino as well as Commissioner Bolin.   

 

 

The meeting recessed at 10:36 a.m. and reconvened at 10:47 a.m.

 

 

 

Chairman Scarborough stated his desire is to go through and have Board discussion on each item because they are the voice of Brevard County in Tallahassee and it is important to bring all of the Board’s thoughts together.  He stated the first issue is the Home Rule issue; and requested the County Attorney advise how some events may be undermining the concept. 

 

County Attorney Scott Knox stated home rule is a constitutional concept; under Florida’s Constitution counties and cities are given various amounts of home rule; cities have the greatest degree of home rule; and counties which are non-charter counties have a certain degree of
home rule, which means they can enact their own legislation as long as it is not inconsistent with General Law.  Mr. Knox advised because Brevard County is a charter county, it has more home rule than a non-charter county in the sense that it is treated basically like a municipality, which has broader home rule power and can enact any kind of ordinance or legislation that is not prohibited by General Law.  He stated to the extent that there are any initiatives at the State level that would diminish the County’s home rule that is something the Board should be concerned about as it is trying to be consistent with what the Constitution says. 

 

Chairman Scarborough inquired if there is any litigation on the issue; with Mr. Knox responding there are all kinds of lawsuits going on all the time about home rule; but one of the issues that is being brought up now is the effect of all the legislative initiatives on the budget, and it is still pending in Tallahassee.  Chairman Scarborough stated when Commissioner Colon had a community conversation at the Agriculture Center that was a prime concern of informed members of city councils; and inquired if an event occurs where the County should become an interested party in a lawsuit, would Mr. Knox bring that to the Board’s attention; with Mr. Knox responding certainly.  Chairman Scarborough inquired what would the Board want to accomplish with the Legislature or is this just a statement.  Mr. Knox responded this is a general policy statement as he reads it; to the extent that the Legislature gets involved in deciding who gets what money, it is stepping into the area of home rule; the Constitution allows counties to levy millage up to certain rates, but there are certain restrictions on what the counties can levy, but there are also certain abilities to levy; and what the Legislature has done in the past session or two is to try to make inroads into that provision in the Constitution by trying to take away some of the County’s authority to levy millage.  He stated that is where the challenges are coming right now.  Chairman Scarborough stated these could be challenged in the court system; with Mr. Knox responding yes, they are right now.

 

Commissioner Voltz stated from what she understands in talking to some of the Legislators, they have the authority to control the County’s taxes and how much taxes the County can levy; and inquired how does that apply to home rule.  Mr. Knox responded there is a debate about whether the Legislature has that authority; the debate is over the Constitutional provision that says that the County shall have the authority to levy taxes up to ten mills; and the Legislature interprets that provision to say that the County has that authority if it is consistent with State law.  He advised there is a debate between those who are supporting home rule versus those who are supporting the legislative power to step into the home rule.  Commissioner Voltz stated it basically does not really say “unless it abides by State law.”  Mr. Knox stated he recalls that there is some reference to the word “law” in the provision, but the issue is how it is being construed. 

 

Chairman Scarborough stated the next issue is unfunded mandates.  Assistant County Manager Stockton Whitten stated the next section is unfunded mandates; and it is a policy statement in regard to the number of mandates or the directives that the County is required to undertake that are passed down from the State.  He stated during the budget development, staff gave the Board a listing of approximately $17 million that the Board has to expend annually for State mandates; and some of those are Medicaid at approximately $4.4 million, pretrial detention of juveniles at $3 million, Article V responsibilities in excess of $3 million, and all the way down to indigent burials at $80,000.  He stated this is a policy statement opposing any actions by the State to give mandates that come unfunded. 

 

Commissioner Voltz inquired what is the total; with Mr. Whitten responding approximately $16 million. 

 

Chairman Scarborough inquired if there is any way to challenge issues like this in the court system; with Mr. Knox responding the constitutional provision puts a restriction on how many votes have to be cast by the two houses in order to come up with an unfunded mandate; but typically what happens is that most of the legislation is passed unanimously, so it is rare to be able to mount an opposition on the basis of unfunded mandates.  Mr. Knox advised one of the amendments that is being talked about right now is to increase the number of votes required to pass an unfunded mandate from two-thirds to three-quarters.  Commissioner Voltz stated that would be a moot point if it is always unanimous.  Mr. Knox stated if it was a controversial enough issue it might be possible to muster 25% to oppose. 

 

Commissioner Nelson stated in terms of the General Fund budget, the County cut about $21 million this year; that was a 10% decrease; and if the County was not funding the $16 million and the State was picking up that responsibility, it would be a 5% to 6% decrease in the budget.  He stated the State, by picking up the responsibilities it always had could reduce local taxes.  Mr. Whitten stated the examples he gave are General Revenue mandates, so Commissioner Nelson is exactly right.

 

Chairman Scarborough stated the next issue is space and technology; and Ms. Holt has put in a tremendous amount of time and has done an excellent job in assembling the package.  Legislative Coordinator Leigh Holt stated Commissioner Voltz may also want to comment because she has been serving on the Committee representing the Board.  She stated after the forum in September, a group was formed called Aerospace Career Development Council; and Lisa Rice of the Workforce Development Board has been heading it up.  She stated the group includes Commissioner Voltz, government agencies, universities, industry, and Space Florida; and the group has worked together to develop a list of priorities for space and technology.  She stated there has been a lot of community effort that has gone into this; it has gone through a lot of review and revision; and there is a lot of activity already going on towards these things.  She stated a legislative budget request for the Aerospace Workforce Transition Program has been submitted to the Governor’s office; and Lisa Rice has been to Tallahassee to meet with staff in the Governor’s office as well as on the House and Senate side to explain that.  She advised Senator Posey in the Senate and Representative David Simmons are sponsoring legislation for limiting liabilities; once it comes out of bill drafting, Mr. Thrasher will be taking it to the trial lawyers, which is the group that would oppose it; and they want to make sure the trial lawyers are on board with it.  She stated the Qualified Space Contractor Tax Refund was drafted by the EDC staff; Frank DiBello and Rob Salonen have worked on that; and Representative Altman will be sponsoring the bill.  She stated a legislative budget request has gone in for the University Based Research and Applied Technology Program; Eddie Ellegood from Embry Riddle and Dale Ketcham from UCF have worked on that; and Mr. Ellegood will be in Tallahassee tomorrow making presentations on the issue.  She stated they are working through policy on the Incentives Program and Expedited Permitting; they are working out the details with Enterprise Florida; and it does not require legislative action.  She stated Space Day Committee added a request for an orbiter to be retired in Brevard County; there are three orbiters being retired; and they are hoping one can stay in Florida since they have all taken off from here.  She stated they added supporting Space Florida’s budget at the request of the Governor.  She stated a lot of work is happening on the space agenda; and since Associated Industries of Florida has adopted all of these into its Statewide agenda, staff is pleased that it is getting State attention. 

 

Commissioner Voltz stated Ms. Holt has put in many hours; at every meeting everyone looks to Ms. Holt to find out what is going on in Tallahassee; and thanked Ms. Holt for her efforts.  She
stated Ms. Holt has everybody’s ear; they listen to what she says; and she appreciates the great job she has done. 

 

Chairman Scarborough stated the next issue is exemption from assessments.  Ms. Holt advised the issue has to do with the fire assessment.  Mr. Knox stated this is the issue that has come up in the course of the discussions about the fire assessment; the County tried to create a low income exception from the assessment originally, which would have given credit to those who did not have income that met the poverty level; but the Attorney General said the County could not do that and collect the assessment under the Uniform Assessment Collection Method.  He stated the County had to scrap that particular approach to providing relief to lower income owners of property; and the amendment is designed to cure that issue by specifically authorizing counties that have this kind of assessment program to create low-income exemptions from the assessment.  He stated the other thing that has been added to the proposal is the relief from the requirement to send out individual mailed notices to each assessment payer in the County when the County is trying to reduce assessments as opposed to increasing them; it costs between $60,000 to $100,000 to send out the mailed notices; and it does not make sense to have to do that if a County is trying to reduce the assessment as opposed to just publishing notice in the paper saying it will be holding a public hearing on it.  Chairman Scarborough inquired what is the likelihood of it passing.  Ms. Holt advised they have asked a member of the Delegation to take a look at it to see if he would be willing to sponsor it; they passed on the Attorney General’s letter; and Mr. Thrasher has looked at the language and the letter.  She stated she got an email from Mr. Thrasher last night saying they could do this and that it is very good.  She stated Mr. Thrasher believes there are counties and/or cities around the State that are doing exemptions from assessments and may not be aware that the Attorney General has said they are not supposed to, so he thinks it will probably get some traction. 

 

Chairman Scarborough stated the next issue is mental health.  Ms. Holt advised this involves the Baker Act beds; and Commissioner Voltz has been championing the issue for a long time.  Commissioner Voltz stated the County has not gotten any money to increase Baker Act beds in 20 years, but the population has gone from 100,000 to over 500,000; and for some reason the State does not want to fund any more Baker Act beds.  She stated she understands Wuesthoff Hospital takes Baker Act patients; but she heard that it may be declining such patients in the near future, so they would go to Circles of Care.  She stated if that happens, the need is going to be even greater than what it is now; the beds are always full; the quarters are cramped; and the salaries for the employees, including the nurses, is very low.  She stated it is a bad situation that really needs some attention; and whatever the Board can do, it needs to strongly support this.  Chairman Scarborough requested Commissioner Voltz tell people a little about the Baker Act; with Commissioner Voltz responding the Baker Act deals with people who are either a danger to themselves or to someone else.  Chairman Scarborough stated they are mentally ill; with Commissioner Voltz advising a lot of them are, but some are just depressed.  Chairman Scarborough stated it is a mental thing as opposed to some people who are just bad people.  Commissioner Voltz stated Circles of Care gets those too; it is really a crisis center; it allows three days to cool off to try to figure out whether they need medications, long-term care, or more help than they are actually getting; but some are there longer, which takes up the regular Baker Act beds.  She stated some are in six to ten months because they have been assigned to the State hospital and are waiting for a bed; and the last time she worked, which was a few months ago, there were almost half a dozen people there who were waiting on State hospital beds.  Chairman Scarborough noted they are closing down beds at State hospitals simultaneously. 

Commissioner Voltz stated that means they will be in the County facility longer; this is sometimes a dangerous situation when there are no beds because those people are then out on the streets or in the emergency rooms waiting for a bed to open at Circles of Care.  Chairman Scarborough stated there has been talk about great tragedies in the country; this is just as bad as a terrorist because these people can be extremely dangerous; and it is ironic that no one sees the risk to the general population from failure to meet these needs when it may be just a matter of medicating and working with these people in many cases.  Commissioner Voltz commented on a situation where a 19-year old, who was depressed and had lost his job and his girlfriend, opened up with a rifle in a shopping mall; and stated that is what the Baker Act beds are all about, to prevent such incidents. 

 

Chairman Scarborough stated the next issue is affordable housing.  Ms. Holt stated this has been in the legislative package for two or three years now; all of the Housing and Human Services issues that are in the package go through a community process; and advised of an annual meeting, hosted by Housing and Human Services, where a legislative agenda is set and prioritized.  She stated this is one of those priorities; affordable housing is something that the Board has discussed extensively; there has been some legislation in the last two years improving affordable housing and offering new affordable housing dollars; but the reality is the funding from the documentary stamps was capped.  She stated when the money was originally set aside, it was all to go for affordable housing; but if it was all going for affordable housing, there would be a lot more affordable housing; so they are continuing to ask for that cap to be lifted.  She stated it is going to be much harder in the current budget situation than it would have been a couple of years ago because they are raiding trust fund for general fund issues at the State level; but it was the original intent of the documentary stamps to use those funds for affordable housing.  Chairman Scarborough stated that is a subject he would like to discuss as a part of the raiding of trust funds. 

 

Sam Dettra stated this is also an economic factor; the economic benefits of the Sadowski Act goes beyond just affordable housing; the housing market creates a lot of jobs; and if they had $6 million more coming into the County due to the Sadowski Act, they could create not only more housing but provide more jobs. 

 

Chairman Scarborough stated the next issue is beach erosion; and commented on an upcoming workshop.

 

Commissioner Nelson stated Mr. Brown promised there would not be any erosion; with Natural Resources Management Director Ernie Brown advising Commissioner Nelson is correct, but it was with the caveat that Commissioner Nelson would promise no more hurricanes would arrive, although he forgot to mention nor’easters.  Mr. Brown stated relative to the documentary stamp issue on the Beach Fund, he will ask Ms. Barker to address the Board. 

 

Virginia Barker of Natural Resources Management stated the issue is potential raids on the trust fund; the State has a dedicated fund that receives $30 million a year to go toward beaches; and beaches are the goose that lays the golden egg for tourism and recreational value in coastal counties in Florida.  She stated the item is supporting continuation of the $30 million into the State’s trust fund; and then counties and cities would apply for a cost share from that $30 million.  She stated that is the grant fund that the County applies for; and in this year they would be hoping for a little over $800,000.  Ms. Holt stated in addition to just raiding the funds and taking the cash, there are attempts to use the funds in different ways; this past year, there was
an attempt for the funds to be used for a different type of beach armoring; and Ms. Barker gave a fabulous presentation in the Senate that changed that legislation completely and kept those funds from being diverted.  Ms. Holt stated the Florida Association of Counties looks to Brevard County’s Natural Resources Management Department for technical input.

 

Chairman Scarborough stated the next issue is charitable campaigns.  Ms. Holt stated this issue came from United Way and from Sheriff Parker as the chairman of the United Way campaign; and it actually goes to the home rule issue.  She stated there is an attempt at the State level to mandate how a charitable campaign will be run at the local government level; the State is saying it must be done a certain way and certain agencies must be allowed to participate; and it would mandate including agencies that may not use the money locally.  She stated at this point the County has the opportunity to participate in a United Way campaign and County employees participate in many other types of campaigns to support the local community; and this is one of those home rule issues that would take that away. 

 

Commissioner Bolin stated she concurs; and the Board needs to oppose this legislation because who individuals give to and where they put their dollars is their business, not that of Tallahassee. 

 

Commissioner Voltz advised Jim Whitaker of Circles of Care just came in; and he might want to say a few things about the Baker Act issue.  Chairman Scarborough stated the Baker Act issue is very frightening; it is not just a Brevard County issue; it is a Statewide issue; and the State has ignored the danger and the humanitarian aspects of this. 

 

Jim Whitaker with Circles of Care stated he does not think this is going to change; this will be the tenth year with no price level or workload increase and no new Baker Act beds for either adults or children in the State of Florida; and there are also very few short-term residential treatment beds so that people can avoid going to jail or to the State hospitals and can be worked with in their community.  He stated there have been some new initiatives that the State has come out with; and they are doing those; but unfortunately people do get into crisis situations and in Brevard County, they end up in the emergency rooms, in jail, or they do not get treated.  He stated they have to wait three to five days for a Baker Act bed or two to four weeks for detoxification from methamphetamines, cocaine, or alcohol, which is certainly a disincentive.  He stated they do not get to be 48^th in the United States in mental health and substance abuse funding without some devastating effects.  He stated Brevard County has done very well; for the 37 years he has been doing this, the Board and Housing and Human Services have been great supporters of Circles of Care; and they could not have what they have or continue to do so well without the Board’s support, which has been unwavering.  He thanked the Board; and stated in tough times the Board has always come forward.  He stated with that being said, he does not know what they are going to do because next week the State has decided it wants to reorganize Alcohol, Drug Abuse, and Mental Health again through judicial districts; he does not know what that means; but it will change the money all around.  He stated he is going to a meeting on Thursday to see the new order and where they are going to go; and commented on money shortages.  He stated within that in mind, Circles of Care has proceeded to reopen the residential facility in Rockledge; it will be adding another 16 residential beds to the 60 or 75 beds that are in the community; and also there about 35 apartments where people are transitioning to limited and self-support.  He stated they are moving along with other things with the community and their families; but they are short on crisis beds.  He stated they are working closely with the Sheriff as he opens his new mental health unit; but he is sure the Sheriff would 
prefer that unit not be full and he could use it for other things if many of the people could be diverted to other programs.  Mr. Whitaker stated he already received notice that member projects this year will be scarce, and the budget, which was cut at DCF, did not affect services; but next year they cannot guarantee that they would not reduce existing funding for Alcohol, Drug Abuse, and Mental Health.  He stated it is going to be a very tight year for everybody; Circles of Care will do fine as it has dedicated people; they are trying some diversion techniques with all the emergency rooms to try to get people appointments within 24 hours after getting into the ER so the doctors can feel good about moving them rather than waiting for a bed; and they will try everything possible.  He stated they appreciate the Board’s continued support; they will keep working; and it will cycle around and work around; but right now it is very difficult. 

 

Chairman Scarborough the next issue is cultural arts.  Ms. Holt advised Shellie Williams is present.  Shellie Williams, Executive Director of the Brevard Cultural Alliance, stated BCA has asked that the State and County support the State funds for cultural affairs and historic preservation; in tough times it seems that the arts are usually the first to go; and they have been preparing for challenge grants and historic cultural grants that must be matched at the State level.  She stated the local organizations have raised the funds to be matched; but if the funding does not go through the legislature, then those projects will not happen.  She stated there is a great economic impact of the arts in Brevard County; it is hard for the arts to compete with beds for mental health patients and homelessness, but the EDC and TDC recognize that the arts are what bring people to live and work in Brevard County so that there can be an expanded tax base; and arts are part of that quality of life that makes Brevard County a wonderful place to live.  She requested the Board and the State support all arts funding this year.  Chairman Scarborough stated he agrees that it is going to be tough. 

 

Chairman Scarborough stated the next issue is the Developmental Disabilities Medicaid Waiver.  Paula Davis of Housing and Human Services stated they are asking for the support of the Board to ensure that when changes occur in residential situations for individuals with developmental disabilities that there will be proper community support in terms of case management, placement, and other things, so that there is a smooth transition and families are not worried about where their loved ones are going.  She stated clients should have some confidence that their loved ones are being placed in the best setting that will help them and prevent any deterioration of their condition; it is a tight budget year; and that is the basis of ensuring that they have a proper placement. 

 

Chairman Scarborough stated the next issue is Homeless Housing Assistance Grant.  Ian Golden of Housing and Human Services stated they are not asking for additional dollars; currently the State allows for funding through the Homeless Housing Assistance Grants for construction rehabilitation; and what the community is looking for with this is the ability to change the State and language in the application to also allow for hurricane hardening.  He stated what they found after the 2004 hurricane season is that they lost 14% of the homeless units because they were not able to be hardened and then rehabbed. 

 

Commissioner Colon thanked Mr. Golden for his service to Country Acres. 

 

Chairman Scarborough stated in talking about Country Acres, the Board needs to thank the Women’s Club of Titusville, which went out of business after 100 years; because it was a 501C3 organization, it had to give its money to a charitable non-profit entity; the money was spent on the refurbishing; and commented on how pleased the members of the Women’s Club were
when they saw what had been done with the money.  Chairman Scarborough stated the job done at Country Acres is beautiful; one can see how a young person who has a fragmented disoriented life could regain self confidence by coming into an environment like Country Acres; and expressed appreciation to all.

 

Commissioner Colon stated Joanie Johansen is putting together a list of all the folks she would like the Board to thank; and it is tremendous what the community has done for the kids.

 

Chairman Scarborough stated the next issue is insurance for community agencies.  Mr. Golden stated what they have seen and what has come from the non-profit groups working with the disadvantaged and needy in the communities is that just like homeowners with rising costs of property insurance, the non-profits have had to eat those costs; and they are finding it is affecting services.  He stated the proposal request is for support to find a way to offset insurance costs through whatever means Legislators can possibly use; he has heard several different proposals; one involves the use of the citizens for non-residential agencies; and another one allows group insurance such as hospitals and others are able to do.   

 

Chairman Scarborough stated the next item is the KidCare Program; and some of these things are profound and complex but the impact on an individual’s life can be significant.  Chenita Joiner of Housing and Human Services stated the item asks for Board support of efforts to provide health care coverage for all kids in Brevard County and in the State of Florida; the fund that supports KidCare coverage has been dwindling as the dollars have been apportioned out and sent in other directions; and support is needed to ensure that the dollars continue to go for the health care coverage for the kids.  Chairman Scarborough stated approximately $20 million in federal funds has been shifted way from Florida to other states; and inquired why the State is losing money while it is growing so fast.  Ms. Holt responded that is because the State of Florida is not spending enough to draw down the match that is allocated to it.  Chairman Scarborough inquired if the State is not making the match or not spending; with Ms. Holt responding the State is not making the match.  Ms. Holt stated over the past several years the applications for families to get into the KidCare process have been very complicated; one year there was only one month when people could apply; there was a point when the application could only be on eight and one-half inch by fourteen inch paper, so if someone printed it at the library and it was on eight and one half by eleven inch paper, it was not a complete application; and it is a tragedy.  Chairman Scarborough stated these things are complex; and commented on use of the hospital emergency room as the primary caregiver for those who do not have insurance.  He stated there is a shifting of cost within the system that becomes complex; the item says that the federal government contributes 71 cents of every dollar, so the County is walking way from dollars that are federal dollars, but is paying the full dollar from a different pocket.  Ms. Holt stated there are studies that show that families without insurance wait to seek care for children and then the child is much sicker; with Chairman Scarborough adding they are then more likely to be hospitalized. 

 

Chairman Scarborough stated the next issue is Medicaid non-emergency transportation.  Tammy Harris with the Brevard Commission on Aging stated they are asking for the Board’s support for the Medicaid non-emergency transportation issue; the Commission on Aging strongly supports the issue; last year the Board supported it as one of the top three issues; and they are grateful because by supporting the issue awareness was created and quality was stepped up.  She stated it still has not reached the quality that is needed; they are tasking these contractors with our parents, grandparents, and children; and they need to be very concerned
with how they are handled during the transportation process.  Ms. Harris stated there have been extreme cuts this year and there is no longer a County match for this service, so as far as quality of service, they may not be able to do much, but quality of service should never change.  She requested the Board’s support of the issue; and thanked the Board for its support in the past.  Ms. Holt stated this was a priority last year; and Representative Poppell’s office really championed this.  She stated there were three separate attempts to divert the money to other counties or to cut the money; and Representative Poppell stopped that on more than one occasion during the Legislative session.  She stated the money was cut in the last round of budget cuts; but Representative Poppell was a real champion and became an expert on the issue. 

 

Chairman Scarborough stated he got a call from Representative Altman concerning the space issues and his perspective on it; and suggested since the meeting with the Delegation is so far in the future that Ms. Holt arrange for each Commissioner to meet individually with each member of the Delegation.  He stated Ms. Holt could identify subjects they should meet on; and even though it will be a burden on Ms. Holt, it would be good if she could give the Commissioners a script identifying which Representatives are good on which subjects.  He stated the more the Commissioners know, the more they can be there when the Representatives need them.  Ms. Holt indicated she will do that. 

 

Chairman Scarborough stated the next issue is non-relative caregiver support.  Gay Williams, Housing and Human Services Director, stated she would be glad to answer any questions concerning this issue, which is asking for the support of relative caregivers throughout the communities in the State.  She stated often children are placed in shelters or non-relative placements not because there are no relatives who are able to take care of them, but because those relatives would not get the same financial support that they might need with adding additional children into the home; children cost money for food, clothes, and other necessary items; and this would allow a child to have relatives take care of them, which would cost much less than placing them in out-of-home care.  Chairman Scarborough inquired if there are any risks; with Ms. Williams responding no.  Chairman Scarborough inquired is it not necessary to know they are being put in a safe environment; with Ms. Williams responding any placement that is done by DCF requires an assessment of the family before a child is placed, so that is done routinely now.  Chairman Scarborough stated there would not be an additional expense there; with Ms. Williams responding even though some relatives do not get extra support and eventually the children have to be moved, they do what is called a home study.  Commissioner Voltz commented on the request and placing children in a family setting; and stated this is not talking about any increase in money.  Ms. Williams stated that is correct; right now the daily per child cost for residential group home averages between $75 and $150 a day; the daily cost for traditional foster care in a non-relative placement runs from $30 to $70 a day; and if they used the funding that is available, placed the child, and gave the relative a small amount of money, it would cost approximately $7 a day, which would be a substantial reduction in the amount of dollars that are being paid for out-of-home placements without relatives.

 

Chairman Scarborough stated the next issue is property tax reform; and he does not know if the Board wants to go there, but there is tremendous need. 

 

Chairman Scarborough stated the next issue is the Senior Services Council.  Ms. Harris stated this is to support an option to create an independent special taxing district to fund and enhance senior services in Brevard County; Brevard County is the sixth oldest in the State and the 24^th
oldest in the nation; and it is growing every day.  Ms. Harris stated they are now seeing that it is becoming the responsibility of each county to be able to fund the very much needed valuable services for senior citizens; and the taxing district would be a much needed proactive approach to anticipate what is going to be happening in the County and what is happening now.  Ms. Holt stated there is legislation that allows for a taxing district for Children’s Services Councils and there are several of those around the State; and this would mirror that for senior services.  She stated this came out of Palm Beach County where they tried to pass it as a local bill; now they are trying it as a Statewide effort; and Brevard County’s Housing and Human Services folks have adopted it as a priority as well.

 

Chairman Scarborough stated Commissioner Voltz is going to be doing a workshop on senior issues; when Commissioner Colon had a workshop with the community, the School Board advised that before the Apollo program there were 75,000 students; it dropped to 45,000 and now is back up to 75,000; and what happened is the County began to grow as a more elderly population.  He stated before the Apollo Program, Brevard County was the youngest county in the State; during one prior decade it was the fastest growing county in the United States; there were all those dynamics; and the same dynamics are coming into play again but to a lesser extent, but there are also Baby Boomers and other issues.  He stated the greatest failure the Board could undertake, next to the space issue, is not to understand what is happening with the seniors issue; 150 years ago, people lived to about 45 years of age; but in his law office, he sees people who are over 100 years of age and have conversations that are just as coherent as the Board is having today.  He stated the fastest growing segment of the population is over 85 years of age; in the last full decade, the number over the age of 85 was overwhelmingly larger, more than doubling; and what the Board has to understand is how to react.  He stated he talked to the new Assistant County Manager about the dynamics of looking at park services; the need for parks may be different as they move to the issue of what they like or can use; and he looks forward to Commissioner Voltz’s workshop.  He stated he knows Commissioner Voltz is well equipped to bring multiple issues to the Board; but he does not think enough can be said about what the issue means to the County. 

 

Chairman Scarborough stated the next issue is toll road privatization; the Board touched on the issue of raiding trust funds; and requested Mr. Kamm describe his concern about transportation trust funds. 

 

Transportation Planning Director Bob Kamm stated motor fuel taxes are collected across the State and deposited in a State trust fund; there are federal, State, and local motor fuel taxes; and it is the State taxes that go into the State Transportation Trust Fund.  He stated there are already on the order of $200 million a year of legislatively mandated diversions from that trust fund to other non-transportation functions; and part of the State’s financial participation in new school construction comes from motor fuel taxes that go into the State Transportation Trust Fund.    

 

Chairman Scarborough inquired is that legal; with Mr. Kamm responding it is legal because the Legislature has passed a law saying it is legal.  Mr. Kamm stated that is the problem with diversions from trust funds in general; the Legislature creates the trust fund, then creates the rules by which they are operated, and it can change those rules; and if there is desire to prohibit a certain action relative to a trust fund, the Legislature may do it, but at a later date may undo it.  He stated there has been a very different attitude in Tallahassee relative to trust funds; in the past the purpose for which the trust funds were set up was held in very high regard by the
Legislature; but now they are just seen as a source of general revenue for whatever situation may come along.  He stated several years ago the Legislature passed a whole range of new programs dealing with growth management; concerned about the unfunded mandate issue, some documentary tax stamp revenue was dedicated to transportation to fund the growth management initiatives; and in the last session the Governor was proposing to take those documentary stamp taxes away and put them into General Revenue for a five-year period.  He noted that did not pass; the Senate and the House both said it was a nonstarter; but the idea is being floated again that trust funds are there for any purpose that may come along.  He stated they are seen as a rainy day fund; and he is not sure how it can be prohibited because they are creations of the Legislature.  He stated it may be possible to use a little guilt; he is not sure if that can be done; but he does not know another way short of the constitutional amendment to prohibit it.  He stated it is a very difficult dilemma; he understands the Legislators’ and Governor’s necessity to balance the budget; there are trust funds with millions of dollars sitting there for a specified purpose; and compared it to raiding a children’s college fund until there is no more college fund. 

 

Chairman Scarborough stated the next issue is toll road privatization.  Mr. Kamm stated the Board asked him to prepare a report on toll road privatization several months ago, and he submitted that report to the Board; in late September, the Governor again, in casting about for other financial sources for the current budget, was looking at potential privatization of toll roads; it has been done in other states such as Texas and Indiana; and he prepared and sent the report to the Board.  He stated in doing the research he learned quite a bit about what this is about; in the last session attention was given to amending the process by which the State goes through soliciting, evaluating,  and awarding a potential lease on a private facility; the process was tightened up from what was already in the existing Statute; and the decision on what the State should do will rest with the State’s Legislative Budget Committee, which is composed of members of the House and Senate sitting as a joint budget committee.  He stated they will have the ultimate say; and according to the Statute the committee is to decide if the proposed lease is in the public interest.  He stated there is no requirement to have a public hearing in the area that will be affected by the privatization action; and inquired how the Legislature can determine if it is in the public interest if it does not hear from the public.  He stated this is a deficiency in the process; and suggested adding a formal mechanism for the local individuals who use the road and may be negatively affected by an increase in tolls.  He stated in talking to FDOT officials, it does not appear that there is substantial private interest in leasing the Beachline, although it is a candidate; it meets the criteria and it is theoretically possible; but there is no active interest on the part of private entities in going after privatization on that particular roadway.  He stated another point is he also found that the current language in the Statute does not specify where the proceeds of the lease would go or how they should be used; in other states where they have done this privatization the chances of having public acceptance were much greater if the funds were dedicated to transportation purposes; and recommended it go back into the State Transportation Trust Fund that he was speaking of rather than having it just open ended and used for general revenue.  He stated it is not in the public interest to take a 50-year lease and use the proceeds to pay current bills; that does not seem to be good public practice; and suggested language be added to the Statute to put the proceeds back into the State Transportation Trust Fund.

 

Commissioner Nelson stated the Board should specifically say it opposes the privatization of S.R. 528.     

 

Chairman Scarborough stated he thinks the Board has to do that; he was on the Board when it was fighting to get rid of the tolls; and it is an insult to the people of the County that this has even been discussed.  He stated it impacts Commissioner Nelson’s area more, but it is wrong.

 

Commissioner Nelson stated Cape Canaveral has already done a Resolution in opposition; and it would be appropriate for the Board to take the same position because the residents have already paid for it once.  Chairman Scarborough noted they got out of it because it was paid for.  Commissioner Nelson stated it is a little bit unique; there are no alternatives to go east to west except S.R. 528; and if the tolls are put on again, someone going to visit a neighbor in East Merritt island will end up on a toll road.  Chairman Scarborough stated it would be like him selling Commissioner Nelson’s car and Commissioner Nelson having to lease it back from the person it was sold to; and the people of Brevard County paid for that road with tolls. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to direct that an addition be made to the Legislative Package to specifically oppose the privatization of S.R. 528 in Brevard County.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon suggested also having a formal letter because the package is quite big.  Chairman Scarborough requested staff prepare a letter for his signature.  Mr. Kamm responded he will do that; and the Board will also be discussing this at the MPO meeting on Thursday.  Commissioner Colon stated it will be better to bring attention to it; and it will also have to go to the folks in Tallahassee. 

 

Mr. Kamm stated there is also an item about a legislative study commission dealing with transportation funding and finance.  Ms. Holt advised the next item deals with transportation infrastructure.  Mr. Kamm stated ordinarily a request to support a legislative study committee would not rise to the level of being incorporated in the Board’s package; but he felt this should be brought to the Board’s attention as this has wide support across the State.  He stated they are on the verge of a crisis potentially in transportation funding; for 100 years, motor fuel taxes have been used to pay for transportation improvements; and what they are finding is that as the price of gasoline is going up, people are driving less and switching to other kinds of vehicles like hybrids.  He stated motor fuel tax collections are going down dramatically across the country; the State’s Revenue Forecasting Commission in October did a projection of DOT’s gas tax revenue over the next five years; and DOT will have to take out $800 million worth of projects from the five-year work program because gas tax revenues are going down.  Chairman Scarborough inquired about what will be told to the MPO; with Mr. Kamm responding it is not as bad for Brevard County due to some special circumstances, but Statewide, they are on the verge.  Mr. Kamm stated they do not know yet what will happen at the local level because they do not do five-year forecasts; this is a national issue; there is a national study commission looking at this problem from a national perspective; and he believes it is appropriate to have one at the State perspective because federal, State, and local revenues are intermixed when the transportation network is created.  He stated the Board is not going to see requests for indexing gas taxes and all this sort of thing that it saw in the past; and there is a need to look at this afresh from the long-term point of view.  He inquired what happens if people move to hydrogen-powered vehicles; how will the County fund and what will it do with the existing 30-year bonds that are backed by gas taxes; and what will this do for municipal finance.  He stated it is time to look at this before the tidal wave crashes on the County. 

 

Chairman Scarborough stated that completes the legislative package.  Ms. Holt advised there is one community budget request for the Emergency Management Department; for the past two years the County has received money for the remodeling of the EMS Center; this will be a difficult budget year; and she suggested not doing any budget request this year, but when Emergency Management Director Bob Lay brought this one to her, she thought it should go forward.  She advised the State purchased generators for special needs shelters all around the State and did not have enough money to install them, and they are being stored in Tallahassee; the State has said it would be happy to deliver the generator at the County’s expense, which is an unfunded mandate of $1 million plus; and the generator would be at Quest Elementary School.  She stated she does not expect to get money this year; but it is important for the Delegation to be aware that the generators were purchased but not enough money was budgeted to install them. 

 

Chairman Scarborough stated staff did a wonderful job; and it is great that the community gets to see the thought process. 

 

 

 

County Manager Peggy Busacca advised there was a request to withdraw Mr. McFarland’s item. 

 

 

 

County Manager Peggy Busacca advised she does not see Ms. Snipas in the audience.  Chairman Scarborough inquired if Mr. Knox heard from Ms. Snipas; with County Attorney Scott Knox responding he did not hear from her; but he did send the Board a letter on subordination and what the effect would be.  Chairman Scarborough stated he assumes Ms. Snipas has decided not to pursue it at this time; but if Ms. Snipas arrives, the Board will hear the item at that time. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize execution of Amendment 2 of Contract H6BE1 with Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, for completing vegetation and physical monitoring of the Interim Dune Project, subject to contact approval by the County Attorney’s Office and Risk Management.  Motion carried and ordered unanimously. 

 

 

           

Commissioner Bolin stated she would like the financial disclosure to come to the Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution amending Resolution No. 2006-089, requiring appointed members of the Board of Directors for the Brevard County Housing Authority to file annual statements of financial disclosure to the Board.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Nelson, to reappoint Housing and Human Services Director Gay Williams to the Brevard Health Alliance. 

 

 

Commissioner Bolin inquired if Commissioner Voltz would consider serving; with Commissioner Voltz responding no.  Commissioner Voltz stated there was discussion about Assistant County Manager Heidi Denis serving on the Alliance, but if Ms. Denis does not want to serve, she will be more than happy to do it. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Assistant County Manager Heidi Denis to the Brevard Health Alliance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve naming the Community Building at Kiwanis Island Park the Karen Stallard Rood Community Building.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the County Manager to execute the appropriate documents, as required, to complete the $100,000 General Appropriation Action Line Item Grant for the Harry T. and Harriette V. Moore Cultural Center.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve format and content of letter to advise Brevard County Taxpayers of the issue of a Revised 2007 Trim Notice for Voted Debt Service Taxing Districts and a public hearing date for re-adoption of the rates.  Motion carried and ordered unanimously.  

Commissioner Nelson requested a report on what happened; if it was the Board’s fault, it is on the Board’s dime; but if it was the Property Appraiser, it is on his dime; and that needs to be clarified. 

 

Assistant County Manager Stockton Whitten advised the Department of Revenue has agreed to allow the County to do a four and one-quarter by six inch postcard, double-sided, which would be $83,602.  He stated he does not know if the Board prefers the five by seven inch card or the smaller size; but it is a substantial cost savings. 

 

Commissioner Voltz stated the intent of the motion was for the smaller card. 

 

 

Mr. Whitten requested the Board approve either January 8, 2008 or January 9, 2008 for the public hearing; and advised it will be after 5:00 p.m.  Chairman Scarborough stated there is a Board meeting on January 8, 2008; and he does not like to stay all day and have an evening meeting as well.  He stated January 9, 2008 would be preferable; and inquired if it is okay with everyone; with the Board reaching consensus to hold the meeting on January 9, 2008. 

 

 

 

Assistant County Manager Stockton Whitten stated the annual work plan is submitted to the Board each year; the auditors weigh the risk of different programs and services and provide to the Board a work plan for the coming calendar year; and it is shown on page three of the package.  He stated the last column shows the proposed 2007-2008 internal auditing work plan; and it would include financial positions review, information technology, financial reporting, year-end close, and discovery, which is the item the Board come back to it in regard to some sort of financial review that is extended to other Departments.  He noted at the bottom of the list, the Board will see a financial review of the Fire Rescue Department. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Internal Audit Report for the Utility Services Department and the Proposed Risk Assessment and Audit Plan for 2007-2008.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough stated the question was raised, as the Board was moving forward with the expansion of the Moore Justice Center, would the County get the judges; with what is happening in the State, he raised the question with Mr. Whitten and Mr. Knox if the Board moved forward today and later found out it did not have to proceed with bonding, would it want to have a vacant facility sitting there with an annual cost of $1.6 million a year.  He stated sooner or later it will be needed; but a person does not want to buy a car before he needs it and just have it sit in the garage.  He stated Mr. Whitten and Mr. Knox asked some questions; and apparently the County can proceed today, but it is not committed to actually issue the bonds.  County Attorney Scott Knox advised that is correct. 

 

Commissioner Voltz stated she has been saying all along that the Board should wait. 

 

Commissioner Nelson stated this will also impact the State Attorney’s office.  Assistant County Manager Stockton Whitten stated the proposal is three floors dedicated to the State Attorney’s operations and then a fourth floor would be the courtrooms.  Commissioner Nelson stated it ties back into the Public Defender; and inquired when the Board would make a final decision to issue.  Mr. Whitten stated as proposed the item was to time the sale to issue and sell in January and close in March 2008; and it could be extended to any time period the Board desires.  Chairman Scarborough stated the Board will be doing what is recommended in the Agenda item; he does not know what is going to happen in Tallahassee; they may start pulling money from Public Defender’s and State Attorney’s budgets; he does not know what is going to happen; and the thing is somehow the Board will end up trying to be the good guy and getting punished for trying.  He stated his point is this does not commit the Board; and it will move the item as proposed.   

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Bond Resolution; authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to finalize bond documents and take necessary action as to the funding of the Harry T. and Harriette V. Moore Justice Center Expansion Sales Tax Revenue Bonds, Series 2008; authorize delegation to the County Manager or her designee the authority to finalize the Official Notice of Sale, finalize the Preliminary Official Statement and the Final Official Statement, and the authority to select registrar and paying agents; delegating to the Chairman of the Board of County Commissioners the authority to award the sale of the Bonds based on the criteria set forth in the Bond Resolutions, sign all bond documents, and make necessary budget amendments, with the understanding there is no commitment to issue the bonds.  Motion carried and ordered unanimously.    

 

 

The meeting recessed at 12:05 p.m. and reconvened at 1:08 p.m.

 

 

 

David Schave stated he is against putting automated trucks into the Barefoot Bay area and then raising the taxes because there is nothing that merits it; there is very little garbage pickup out there; and a better plan would be to pick up the garbage once a week instead of twice a week.  He stated when they come by on Saturday, the trucks are only there for about an hour and a half because there is nothing out; and so it is a waste of fuel and manpower.  He stated he used to work for Waste Management; there will be huge containers that will have only one bag in them; the senior citizens will have to drag the large containers; and it would be easier for them to just take out one bag and sit it at the end of the driveway.  He stated he wants to know why they just got a decrease in taxes, and now the County is going to raise the taxes again because the charge is going to be more.  He stated he is mainly concerned with people on fixed incomes like he is. 

 

Maureen Rupe, president of the Partnership for a Sustainable Future, stated the group recommends a bid for contract on whatever option is chosen; this needs to be done because
the contractor has been automatically renewed for the past 20 years without a quote from competitors; and if the Commission chooses not to go out for RFP, the group recommends Option 1, to renew the existing contract without the expanded service due to the current economic downturn for taxpayers with property tax, home insurance, and the mortgage crisis.  She stated Brevard County jobs will be lost while the contractor will gain and the citizens will pay more.  Ms. Rupe noted she has a few comments of her own; she was wondering what kind of business practice would require residents to pay for a service that they may not receive for up to three years, and what hidden costs other than what they have looked at would be in this.  She requested the County Attorney to explain the requirements of the law regarding notice to residents of rate increases; and inquired if the County could re-implement the Recycling Committee, which used to make excellent recommendations, but which has not met for two years, and was sunset.  She suggested the County do a feasibility study on the County providing this service. 

 

Gary Danley stated he has been a resident since 1993 and has had excellent service for waste pickup; he lived all over the world when he was in the military; and he never got this kind of service.  He stated people say the automated system does not work; but he followed the trucks; it looks nice; and the neighborhoods that have the toters all look uniform where the ones that do not have them have garbage blown all over he place and animals in the trash.  He stated he is for the automated system. 

 

Kathy Brashears stated she is definitely for the automated system; she saw the last broadcast; and she then went to Satellite Beach and followed the trucks around.  She stated she wanted to see what they did; she was amazed; and described the system.  She stated one thing she noticed with the driver was that the door was open so he was more ware of everything around him; and commented on the driver helping an elderly lady to dispose of her garbage.  She stated the neighborhood was beautiful; she then went back to her neighborhood; and advised she wants her neighborhood to look like Satellite Beach.  She stated the animals tear into the trash; and commented on the use of the recycle bins.  She stated she is shocked by why anyone would not want the automated system; she is glad she was able to witness the system; and she was happy to see the driver help the elderly lady.  She requested the Board give the issue good consideration.   

 

Edward Coburn stated his neighborhood does not look anything like Ms. Brashears described; Waste Management has done a great job in his neighborhood; they have proposed changes in the trash collection and want the people to pay 50% more for it; and inquired what is the benefit.  He stated he is 77 years old; the company wants him to handle trash containers that are much bigger than he needs; he has a small can that is usually only half full; and this will result in laying off one employee on the truck.  He stated he is satisfied with his service now; the crew does an excellent job; he has a fenced yard and when they dump the trash, they put the barrel over the fence into his yard as does the recycling crew.  He inquired why he should pay 50% more so the company can have less cost; and inquired what the benefit to the people is.  He stated he does not see any benefit to the County or the individual homeowner who will just be paying a much higher fee.  He stated the earlier speaker was talking about a mess; in his neighborhood people do not throw stuff around; they keep things neat in bags and barrels; and there are no animals loose to tear things up so he sees no benefit from the change. 

 

Ann Coburn stated she emailed all the Commissioners to say that she is very satisfied with the existing system; messy trash is caused by messy residents; the trash collectors and recyclers are outstanding; and the Board should represent the interests of the residents.  She stated she wants to address the recycling aspect; the County is always looking for businesses and jobs to locate to the County; the EDC urges tax exemptions for businesses to enlarge and increase jobs; and the Board grants these all the time.  She stated this is an opportunity for the Board to accomplish recycling locally; and inquired why not have the EDC work with the local recycling company to help them become able to do the appropriate types of recycling.  She noted that would add jobs for residents and revenue for the County.    

 

Edward Conroy stated he lives in Suntree; and their community of 4,000 homes or more is as neat as Satellite Beach through self determination of the residents.  He stated if something is not broken, they should not fix it, particularly at a much higher cost to the taxpayer; the current pickup process is efficient; it is easy on the residents with a 35-gallon can, which is big enough for most of the residents; and it leaves only that small can at the curbside twice a week.  He stated the storage of these cans is being accommodated in deed restricted communities like Suntree by keeping them inside the garage or behind bushes or a fence; and inquired why is the County considering changing this process to accommodate a much more bulky container that is too big to store and too big for most people’s garbage on a bi-weekly basis, but too small for the periodic green waste.  He stated what does not fit in the container will be left at the curb for a special pickup later in the week; and inquired how often and at what cost will the company make these special runs.  He stated in California where he lived and where the containers were used, he can attest to the ugliness of the containers sitting at the curb all day long.  He stated Options 2 and 3 have no benefits for the residents, only to the collection company at the expense of the residents with much higher yearly costs per household and fewer pickups per year.  He stated there will also be loss to the County of the revenue from the recyclables; the company cites the savings of having one man per truck; and inquired who is saving and how will it affect the employment picture under the current wavering economy.  He requested the Board leave well enough alone and not create another cost increase for the homeowner, along with the taxes, insurance, utilities, etc. that will further drive down the housing affordability and economy in the County.  He commented on a cartoon that appeared in Florida TODAY.

 

Gilbert Byrd stated he was born and raised in Cocoa; and he is in favor of the cart system.  He stated in his neighborhood there are a lot of dogs and animals; residents put out two or three cans; and when he is going to work, there are cans and trash everywhere.  He stated he has been through some of the neighborhoods that have the carts and they are beautiful; and he would welcome the carts in his neighborhood because it will keep the neighborhood clean and uniform.  He stated the property values can go up because of the carts and everybody keeping everything neat and clean; before people were putting out all kinds of furniture; with the carts, they will be limited as to what they can put out; and it will make the neighborhood look at lot better. 

 

R. C. Robinson stated he lives in Cocoa, and is in favor of the cart system because it looks nice; Waste Management is doing a good job of keeping the area clean; and it would be best for the community. 

 

Darnell Actory stated he is a Brevard County resident; he is in favor of the cart system because it will have an impact on the communities; and he supports Waste Management in everything it does.

 

Sharon Savastio stated she lives in the unincorporated area of Brevard County and is president of Windover Farms of Melbourne; currently there is a system in place that is functioning well; and she is pleased with the service that is provided.  She inquired why is the County looking at changing something that is working well.  She stated there are weeks when she only has half of a 32-gallon can to put out; there are weeks when she has a full can; and inquired based on that, why would she want the monster cans and the increased cost.  She stated there are residents who are not capable of using the carts; many communities like Windover Farms require cans and containers to be stored out of sight; and a lot of the big containers are not going to fit behind the fences without being seen, which is going to cause a problem.  She stated she does not store her household garbage outside because of the animals; and they keep it in the garage in the containers.  She stated looking at a 14% cost increase over five years versus a 50% increase over five years does not require much thought to figure out which way to go with it; many residents are struggling with escalating property taxes and insurance premiums; and the potential 50% increase will only be an additional burden to those people who are already struggling, which is irresponsible.  She stated it is the Board’s job and responsibility to serve in the best interests of the residents of the County, and not look at the interest of big business. 

 

Billie Blackwood stated he just moved here from Michigan about three months ago; they had the cart system in Michigan; and it did keep the communities cleaner and nicer.  He stated if he had known that Merritt Island did not have that system, he might not have moved there; when he gets up in the morning trash is all over because of the dogs; and he supports the cart system. 

 

Robert Morneault stated he supports the cart system; in his area, it is nice, but one street over, he sees trash all over the place, garbage bags ripped by animals; and it does not look nice.  He stated with the cart system, the residences will look really nice; and he supports Waste Management to keep the community clean. 

 

Barbara Perry stated she has been a resident of the County for about 25 years; and she supports Waste Management and what it is trying to do to clean up the community.  She stated she is for the cart system; she has seen it work because she lived in West Palm Beach and liked the uniformity in the community; and it kept the community nice and neat.  She stated she is present to represent and support Waste Management for what it is doing. 

 

Allyn Newman stated since 1951 he served Brevard County in many capacities, some voluntary and some professional; he taught in the schools, drove school buses, taught the first oceanic surf rescue classes, trained lifeguards for Cocoa Beach, Melbourne Beach, Indialantic, and Patrick Air Force Base, worked with youth programs, and sought safety, educational, and civic improvements by speaking out and donating his time and money to try to get others involved in community affairs; and now he is before the Board to garner support for a much needed and appreciated service.  He stated one of the main concerns is health and welfare of the citizens; they do not need to have breeding places for mosquitoes or vermin; and Waste Management has been an ally to fight to control these pests at a very reasonable rate.  He stated Waste Management is feeling the effects of the fuel crunch and is asking for a reasonable rate to offset this problem and still maintain the same service; and from his calculations, each residential customer will ultimately be asked to pay a fee of $66 a quarter or $22 a month.  He stated some rates different in the other areas; he hopes this would be an opportunity for the rates to become uniform; and anyone who has relocated to the County will still find this to be a bargain for the services rendered.  He requested the Board review the services rendered, health and sanitary issues, recycling efforts, and community partnership of the company, and then make the appropriate decision.  Mr. Newman stated they do not need more layoffs or clutter in the community; and requested the Board help Waste Management to remain viable in the community.        

 

Daman Grant stated he lives in South Melbourne Beach; he just moved here last year; and when he lived in Delaware he had the cart system, which was a lot simpler and cleaner.  He stated when he moved down here he could not believe he had to go out and buy garbage cans and that they sent a garbage truck to his house three days a week, plus a recycling truck; the service that is provided is unbelievable; and he is all for getting the big green garbage can back.

 

Evan Newman stated he has been a Brevard County resident all his life; his father spoke earlier; and he is all for the cart system, which is neat, clean, and relatively easy to use.  He stated he heard a gentleman say the carts are hard to move; but the wheels on the back of the cart that he has at his house roll down the driveway just fine; and they are easy to store.  He stated he does not have to have four or five garbage cans; he only has one; and it is great for the people who come to pick up his garbage.  He described how the sideloader truck works; and stated the gentleman is not straining and does not have to get out of the truck or have three or four gentleman try to lift the garbage cans.  He stated the cart system is better all the way around; it is neater and cleaner; there have not been raccoons in his garbage; and he does not know where everybody lives, but in his neighborhoods the raccoons come out of the woods at night, and there is little anyone can do about them, but the containers have eliminated the problem.  He stated he is all for Waste Management; they have been a great partner; after the hurricanes, Waste Management was the first one on his street besides the police officer; and he is all for keeping the company viable by giving the moderate increase the company is asking for because it would be great for the community. 

 

Michael Johnson stated he likes the cart system idea; it is cleaner; instead of having to carry four cans to the curb, he can just push out the one cart; and it will be a lot simpler.  He stated he has raccoon problems where he lives; it will be easier for everyone to have just one cart to be able to push out; and he likes the way Waste Management has been working with the system so far so he hopes they keep it up. 

 

Angelo Chirco stated he moved here two years ago from Pennsylvania; and from what he has seen, the cart system has to be the most economical thing to do at this point.  He stated everything is going up such as fuel and milk; and they need something better for the garbage.  He stated he lives in Satellite Beach; his neighborhood is gorgeous; and when the garbage man comes to his block, he lifts the cans and puts them back down.  He stated there are a couple of elderly people who live on his block and if someone else does not help them, the garbage man gets out of the truck and takes care of it.  He stated the recycling program gives green carts; his wife happens to be into recycling everything, and asked for an extra container; and a couple of days later, there was an extra container delivered.  He commented on having pickups three days a week; and stated he is more than satisfied as he did not have this service in the State of Pennsylvania.  He stated he was born and raised in New York; he cannot begin to tell the Board what happens in New York with trash; but he hopes that does not happen in Florida; and he is happy with the service here and is for the cart system. 

 

Ramon Cordero stated he totally supports the cart system; he lives close to a main road; and he sees how the guys pick up the garbage with cars flying by.  He stated it would only take a second for someone to get distracted or for a drunk driver to hit the truck and kill one of the persons on the back, so the proposed system is a much better way and safer for the people who work for the company.  Mr. Cordero reiterated he supports the cart system.    

 

Kevin Williams stated he is a Melbourne resident and also agrees to the cart system; it is a lot cleaner and easier to dispose of household waste; where he lives there are dogs, raccoons, and cats that have a feast and leave his neighbors’ garbage in his yard; and commented on the wind blowing garbage cans into the street where they get run over, and the owners having to buy new ones.  He stated the toter is heavy, durable, and will last longer, so he thinks they are a brilliant idea. 

 

Dolores Kane stated the cart system is a good thing for subdivisions, but she lives in a rural area where she has a coquina driveway.  She stated her husband, who has a heart problem, can put out the trash and get it to the curb with his tractor; they have two acres and a 600-foot drive; and she is wondering if he will be able to pull the cart down the non-paved drive.  She stated he may be able to pull it behind the tractor; her neighbors have a 900-foot driveway; and she is wondering how the cart system will work for this type of homeowner.  She stated it would be nice if there could be two systems because it sounds like it is great for subdivisions; and they have skunks, raccoons, and everything where they live but have no trouble with the trash because they have a good lidded container.  She inquired about taking trash to Orlando and the environmental impact of using more gas to take trash to Orlando; and stated she assumes the Board has looked at that.  She inquired if they will still be able to take care of green waste; stated she lives in an old grove and has a lot of green waste; and inquired will the cart system be adequate after hurricanes.  She stated she does not know if there is a personnel problem; but she thinks there might be some problems with the cart system in rural areas.

 

Don Daley stated he does not work for Western Waste; and he is against the cart system for a lot of reasons.  He stated he cannot see using this type of truck in his neighborhood; people on the south side of the street would have to put their garbage on the north side of the street because the truck only picks up from the right side; and he is also against paying Western Waste for 18 months before the company implements the service.  He stated a lot of people cannot afford the increase; he met a lady in Wal-mart who was buying Banquet TV dinners at 94 cents each; and every day she eats one TV dinner and one slice of bread because that is all she can afford to eat.  He stated he was glad to see the legislation trying to get the senior citizens a discount on fire and garbage assessments; and if the County takes $2.60 off the budget of the lady in Wal-mart, that is fewer TV dinners for her to eat.  He urged the Board to vote this down so people do not look back in history and say this was the downfall in Brevard County. 

 

Floyd Rippetoe submitted pictures; and advised he is opposed to changing to the new cart system.  He stated he is a resident of unincorporated East Merritt Island; he has a number of friends who live in Cocoa, Satellite Beach, California, and Texas where they have cart systems; and some people are willing to give up money, flexibility, and service for the sake of everything looking the same.  He suggested the Board review the video of the public comment during the driveway parking issue; and stated most people in unincorporated Brevard County do not want to live in Satellite Beach, Stepford, or Celebration where all the yards look the same, all the houses look the same, all the wives look the same, and all the garbage cans look the same.  He stated the first picture is of his driveway; and commented on trimming his palm trees resulting in six cans of green waste.  He stated under the new proposal he could only put two cans out, so the rest would have to sit on his driveway until the next week when he could put another half of it out, and then the week after he could put another half of it out.  Mr. Rippetoe stated the second picture is of his front yard where he put all the larger stuff; the first truck came by and picked up the larger stuff; the second truck picked up the rest; and the last picture is of the same front yard four hours later.  He stated if the new system went into effect, he would have had to spread that out over weeks; and he does not relish the though of having to get the ladders, tools, and everything else over a three-week period just so he can have cute garbage cans.  He noted none of his or his neighbor’s cans are alike; they do not care if their garbage cans look alike; and they do not want to pay extra to lose a service that most of them are smugly proud of when they talk to people in other parts of the County.  He stated they are proud of the service they have in Brevard County; it is one of the few things that most all residents of unincorporated Brevard County are happy that the County does; they have exceptionally good service and exceptional flexibility; and commented on going to a system that would further enhance the de facto monopoly that Western Waste would have since it would be closing the Brevard County recycling center with loss of jobs in the County so it could consume more energy trucking the recyclables over to Orlando.  He stated if a future Board ever decided to do the right thing and put a contract this size out for bid, it would be extremely difficult for other suppliers to bid against it because they would have to have the same kind of trucks that Western Waste is asking the County to increase its fee to buy.  He stated bidders would also have to have some alternative to using Western Waste’s recycle center in Orlando; it would enhance the monopoly and force the County into a single source for the outrageous cans at a price that is absurd; and the rates are nearly roadside robbery.  He stated to increase all the costs for increased hassle for less service, and to be locked into a monopoly, makes no sense to him.  He stated he realizes this is December and playing Santa Claus is always fun; but Western Waste is not the County’s child; this is not the County’s money it is talking about spending; it is taxpayers’ money; and requested the board not give Western Waste another Christmas present.  He stated the residents of unincorporated Brevard County are not interested in giving them another gift. 

 

John Mahon, General Manager of the Suntree Master Homeowners Association, stated he would like to make a correction; all the husbands and wives of Suntree do not look alike; and they are very individual.  He sated Suntree is deed restricted; in June the board of directors invited Waste Management and the County on this subject; and he would like to pass along some of the concerns that were addressed at that time.  He stated he represents 4,506 people; he cannot speak for all of them; but they have a chance to speak for themselves.  He stated the 32-gallon cans are being replaced with 64 and 92-gallon cans; and the 92-gallon cans are particularly a problem from three aspects.  He stated the first is the size of the can; it will hold up to 200 pounds according to Waste Management; and although other people have spoken about having no difficulty in moving them around, Suntree has an aging community that will have problems pulling the cans out to the curb.  He stated the other gentleman from Suntree spoke about keeping trash off the highways; they want it in the garage and/or behind a fence; and the problem with the garages, some of which are single-car, is that they are lucky to get a car in them let alone put these garbage cans in them, so where the cans will be placed is going to be a problem.  He stated he had calls from some elderly people who expressed concern whether they can drag such cans in and out.  He stated they have been told that if this is instituted it would not start until 2009 in Suntree, yet they will have to pay for this from October 2008; and the people are concerned about paying ahead of time for a service they are not getting.  He stated the other issue is green waste; Suntree prides itself in trying to keep the green waste out on the curb and taken care of; they have been told by Waste Management that the green waste will have to go into the 92-gallon containers; but the amount of green waste that goes out on a weekly basis from the average home in Suntree is not going to fit into that size container.  Mr. Mahon stated even if they can get the green waste into the container, he does not know if it will automatically dump out or not; and there is a question about what to do with some of the things that do not fit into the containers and how they will be handled.  He stated what they presently have does not cause any problems; and it gets managed fairly well. 

 

James Shamblen stated he grew up in Indialantic; he is 48 years old and remembers the guys used to carry 55-gallon drums on their back with a strap; they would come into the backyard, dump the garbage can into the drum, carry it back to the road, and dump it in the truck; but times have progressed and everything changes.  He stated now there are two guys on the back of the truck picking up curbside garbage; and he supports the cart system for that reason.  He stated the new system will have one or two guys picking up the garbage; and he thinks it will be safer for them and for the community.  He stated someone earlier was worried about a drunken driver running them over; but the driver would not have to be drunk to run them over because the guys working on the back of the truck are continuously moving from the truck to the curb and back; and they are progressively going down the road.  He stated with the cart system there will be one man sitting inside the truck so he will be safe; and the garbage cans are safe, durable, and strong.  He stated his father lives in unincorporated Palm Bay; he is 88 years old; and he knows he is not going to have a problem with the carts.  He stated his father has not rolled the carts himself, but he has seen elderly people in Satellite Beach roll the carts out; and whether empty or full, it does not seem like they had a problem rolling them out.  He stated someone spoke about the green waste not fitting in the cans; a lot of people have companies come in to cut the trees and they pile it all at the curb so Waste Management has to pick it up; and that is wrong because the company that is being paid should haul off the green waste.  He stated he supports the cart system; Waste Management does a good job; they are looking at a 50% raise; and that sounds like an enormous amount; but inquired what the 50% is based on.  He stated his father has not had an increase in years in his garbage service, but prices increase; and Waste Management has to raise its costs to offset the cost of doing business.                                                                                                                                                                                                       

 

Jean Freeman stated she is the area director for 400 homes of the South Patrick Residents Association for North Waterway Estates; she lives in a very neat neighborhood; and she hopes the Board renews the present contract with the trash barrels they already have or negotiates better on behalf of the citizens.  She stated many of the residents are hurting because money is not in abundance at this time; and requested the Board consider the residents who are already paying higher prices for many things like insurance, taxes, gasoline, food, and so forth.  She stated she knows most of the County Commissioners work hard to help the citizens; and requested the Board not consider a new contract for the green trash cans and think about how much this will affect the people who are already struggling with today’s high prices.  She stated someone mentioned a driver getting out of the truck to help with her cart; and advised her present trash collector has seen her running down her driveway, and even came up and helped her get her trash to the curb.  She stated people were speaking about dogs getting into the trash at night; and inquired if there is not a leash law, are dogs not supposed to be kept on an owner’s property, and why are they getting into other people’s garbage cans.  She stated the present system of trash pickup works well; and requested the Board not change it. 

 

James Woods stated he has been a resident of Brevard County since 2000; and since he has been here he has been with Waste Management.  He stated he has been watching how Waste Management works; the cart system works beautifully; where the cart system is not there, he has seen individual workers working hard; but sometimes when the wind blows, there are trash cans all over the place, so he is for the cart system.

 

Chris Cook stated he is not affiliated with Waste Management; and he would like to interject a bit of common sense.  He stated he lives in unincorporated Brevard County, out in the sticks; another speaker said she had a 600-foot driveway and so does he; and he is going to have to wheel the cart out and back all the time.  He stated he has a drainage ditch in front; every once in a while cars go into the ditch; and he is not going to go into the ditch to retrieve a 96 pound wheeled cart.  He stated people should keep their dogs in; his dogs are in his yard; and they do not go running around.  He stated if people would follow the directions from Waste Management that say not to put out the trash until the morning of pickup they would avoid having raccoons and possums getting into it; it is just common sense; and he is against the trash containers.  He stated he accepts that is the way the industry is going; eventually they will have to have automated trash collection; but if they get that, it should be at neutral or reduced cost because the company is gaining efficiencies and not passing them down.  He stated everybody has been saying it is just a little bit more; and inquired what is the average rate increase; with Commissioner Nelson responding $30.  Mr. Cook stated the Board spent time and effort earlier this year going to workshops on the budget; the State Legislature in Tallahassee said it was going to give the people a big tax reduction; the average reduction was $200 and they said that was huge; and inquired how is $200 huge and $50 is just a little bit.  He stated it is a question of whether the glass is half full or half empty; and it is a lot.  He advised he has adjacent buildings on one property and is going to get taxed double, just like with the fire assessment where he pays $972; and it still has not been fixed.  He noted that is a separate issue; and it may be just nickels and dimes, but it is more for something they are not required to have and that he personally does not want.  He stated the Board is going into his wallet and dragging out more money for something he neither needs nor wants; and if anybody wants to get elected again, that is not something that they should want to know known for.  He stated his recommendation is option 1, make Waste Management come to the table with a better deal. 

 

Commissioner Voltz requested Mr. Cook meet with the County Attorney concerning the problems with the fire assessment; and advised the Board is in the process of looking at some of the issues, and would like to know a little more specifically about what Mr. Cook is dealing with. 

 

Jessie Fleming stated he is not an employee of Western Waste, but he would encourage the Board to poll the speakers to see how many are employees of the company, and also poll the Western Waste Manager to see if they got a bonus for speaking today.  He stated on average he throws away one tall trash bag of garbage each time the trash is picked up; he puts the bag in a can, takes the can to the street, and the guys walk along, flip the top off, reach in to grab the bag, and throw it in the back of the truck; and the truck does not even stop, but just slows down.  He stated with the new system the truck is going to have to stop twice a week, burn fuel, and life the arm to lift the can over to dump the same bag; and inquired if they are going to go down each side of the street to pick up the garbage or is one side going to have to take it to the other side.  He noted his wife has said she does not want anybody else’s garbage in her front yard, so that is going to be a problem at his house.  He stated in terms of green waste, about eight months of the year he puts out four to seven 30-gallon cans of green waste every week; and the cans that Waste Management is offering will not hold the green waste for one week.  He stated if he holds the green waste to the next week, he will be twice as far behind because he will have that week plus what he could not get in the week before.  He stated in some of the discussions on TV, Western Waste said that North Brevard County generates more green waste than anybody else in the County; in Port St. John it is a minimum quarter-acre lot; Canaveral Groves is an acre and above; and in Mims it is two to five acres.  Mr. Fleming stated there are large acreages; there is a lot of vegetation to take care of; and explained how he deals with his yard waste using a riding mower with a dump trailer.  He stated Western Waste picks up his yard waste with no problem, but they will not be doing that with the new cart system.  He stated he used the cart system when he visited his sister this summer in Kentucky; she lives on a hill with gravel; and even her sons cannot pull the can up and down the hill.  He stated her husband has a pickup truck; they use the can for storage; and they throw the trash out of the container into the back of the pickup truck and haul it to the dump because they cannot get the container up and down the gravel hill.  He stated the city his sister lives in has had the totes for as long as he can remember; and his sister cusses the totes and the garbage system in that town.  He stated when his sister came to Brevard County, she was fascinated by the difference in trash service; they have no problem in the Port St. John area with trash blowing around or animals getting into garbage; but if someone has raccoons that is just part of living in Florida.  He advised for those who do not like wildlife, I-95 goes north also.  He stated last time there were comments about the heavy weights on the cans; but Waste Management has stickers they can put on the cans and refuse to pick up heavy or off-size cans; and he knows the workers are not bashful about ringing someone’s doorbell and telling them the can is too heavy because they did it to him.  He stated he would encourage option 1. 

 

Mark Shantzis stated he was founder of a public company that specialized in recycling and reduction of solid waste throughout the United States, including Miami, Ft. Lauderdale, Chicago, New York, Toronto, and other major cities; the company received the National Recycling Coalition’s Best Recycling Innovation Award; and he was a frequent speaker before the EPA and a contributor to Waste Age magazine and others.  He stated since he moved to Brevard County, he has been involved in a number of issues; currently he is the chairman of the Barrier Island Preservation and Protection Association (BIPPA), which was at the forefront of creating the dune preservation system and helped at the State level; and BIPPA was on the same side as the County against the Home Rule Charter issue when the County declined to file suit.  He stated BIPPA filed suit to declare that unconstitutional and then garnered the votes in order to defeat that issue, which could have made the County divest 80% of its property.  He stated he knows garbage; BIPPA knows this issue; and the County was very good at negotiating a contract with Waste Management.  He stated in the past he negotiated dozens of contracts with Waste Management and other haulers, in his capacity in the recycling and waste business; and the contract is excellent.  He stated the contract has a fixed clause, which is 1.9% compounded after its initial 4% increase, which is phenomenal; everybody is talking about a 3% increase, but the CPI has not been 3% in years; and it does not look like it will be.  He stated it is hard not to wonder why the County would renegotiate a contract that is good and has been happening every five years, when the alternative is spending another $18 million to $147 million more.  He stated everybody has been throwing out the figure $16 million to $18 million, which is the five-year number; but taking the compounded rate of the contract, which is approximately 3.8% per year after the initial increase of 30%, and matching it against the existing one which is 4% initial increase and then only a 1.9% increase per year shows that what is happening is doubling the compounded rate of the contract from 1.9% to 3.8%.   

 

Chairman Scarborough stated the Board is talking about options 1, 2, and 3; and requested Mr. Shantzis relate his comments to the options so the Board can be clear in understanding what he is saying. 

 

Mr. Shantzis submitted a spreadsheet to the Board; and stated what he has done is compared the three possibilities.  He stated the first column is the existing, option 1 with no carts; the second one is option 2A with carts; and the third is option 2B.  He stated looking at existing number 1, it is essentially talking about a five-year contract, but it is not really a five-year contract because contracts come up for renewal and get renewed and renewed; so what the Board is doing is setting a precedent for increasing the top line and gross value of the contract, which will probably go on forever because people need to have their trash picked up.  He stated he has taken the existing option 1 and extrapolated it out for a 20-year period, showing every five years what the cost is; and the first is $59 million, then about eight lines down is $125 million, then down another five lines is $197 million, and then five lines down is $276 million, which is the cumulative cost of the existing contract. 

 

Chairman Scarborough sated that is renewing the current contract, which does have an additional cost above the existing contract. 

 

Mr. Shantzis stated that is right; and he is going to skip the middle option because options A and B are much the same.  He stated the maximum negative impact is shown on the right; that is the B proposal of the cart system; in the first five years, it is $78 million versus $59 million; in the next five years it is $172 million; the next five years cumulative would be $286 million; the next five years cumulative would be $423 million; and matched against the $276 million of the first one, the difference over 20 years is $147 million, which is the 20-year cost of the cart system. 

 

Chairman Scarborough stated the Board is being shown three options; but what Mr. Shantzis is showing is the difference between two, the renewal with its increases as opposed to option 3; and it is $18 million with the five-year, but when he comes to 20 years, he is looking at $147 million.  Mr. Shantzis stated that is right; the $18 million goes to $147 million; and inquired if everybody understands that. 

 

Commissioner Voltz stated the Board is not going for more than five years.  Mr. Shantzis stated looking at the history of the County for the past 20 years, it renews its contract at pretty much the same rate with escalation clauses; he has been with the waste industry for a long time; and what the Board is looking at is an objective to raise the top line to raise the gross revenues.  He stated they are putting in an escalation clause which is doubling the existing escalation clause; and compared it to a retirement portfolio making 5% versus one making 10%.  He stated there is an attempt to take a 1.9% escalation clause and double it to 3.8%; and the initial increase would be 30% versus 4% in the first year. 

 

Chairman Scarborough stated Mr. Shantzis has made his point.  Mr. Shantzis stated there are two other points he would like to make; there was talk about fuel costs going up; but in the 1990’s when fuel was $40 a barrel and went to $10 a barrel, he does not remember any waste haulers coming to the County to ask to lower their contracts.  He stated this happens over time; costs go up, down, and even out; and they are not talking a local hauling company that they are trying to keep in business but a multinational company with tens of thousands of contracts all over the country.  He stated they are talking about billions of dollars in profits; the Board is not supposed to be promoting the company’s profits; and requested the Board not do that.  He stated the board is supposed to keep costs down; it has done that; and it has done a great job.  He stated the five-year contract is excellent, one of the better contracts ever written by the Board and the escalation clause is extremely low.  Chairman Scarborough inquired what
Mr. Shantzis’ recommendation is; with Mr. Shantzis responding his recommendation is to keep the existing, option 1, the five-year contract and not spend another $147 million.

 

Richard LeAndro stated he agrees with Mr. Shantzis; on his street there are five single homeowners who do not have a lot of garbage; and there are another five families with just two members, like him and his wife.  He stated he does not recall, even when he had parties, ever needing more than the 32-gallon barrel twice a week to put out his garbage.  He inquired why try to fix something that is not broken; and stated all he has been hearing today is that the shoe must fit everyone, but that is not the way it works.  He stated if the Board wants to get a true picture of what North Brevard wants, it should put it on the ballot and let the people decide.  He stated he does not want a big barrel as he can hardly walk into his garage now, and his garage is two feet wider than a normal two-car garage.  He stated he does not want to be bouncing against a barrel; he does not want barrels stuck out in his yard; and he wants his garbage in the garage where no animals can get into it.  He stated people are saying there are bags of trash blowing around; but they are not supposed to put bags out by the sidewalk; they are supposed to be put in the garbage pail; and it is supposed to be secured.  He stated they should not be leaving bags of garbage out at the street; and if the County needs to do anything it should be enforcing the laws it has.  He stated when he first moved to Brevard County, he understood that each household should not have more than two barrels of trash per pickup; and inquired why do they not take care of the problem instead of asking people to pay for more than what they need. 

 

Commissioner Voltz inquired how many cans Mr. LeAndro has now; with Mr. LeAndro responding two, one for grass and one for waste.    

 

Eva Nagymihaly stated she owns two properties in unincorporated Brevard County; and she wants the Board to consider that prices have gone up.  She stated as a property owner, she is always spending more money; and she is speaking for a lot of people today who are working.  She stated for a 1:00 p.m. meeting, the Board might get the employees from Waste Management, but not the employees who are working; and requested the Board keep in mind that there are a lot of people who should be here and would like to be heard because they are taxpayers who cannot pay more.  She requested the Board consider the current contract which has a minor increase; noted several people have said if it is not broke, the Board should not fix it; and that is the tenet the Board should be following.  She stated the Board is in charge of the taxpayers’ money; and requested it be careful with it.  She stated she cannot see where any logic would tell the Board to fix something that is not broken; they are not present to make sure that Waste Management makes a better deal for itself; Waste Management is present to do that; but the Board is present to represent the people and should keep that in mind.  She stated the Board represents Brevard County; the cities are the ones that are growing; and as more cities are created, the County’s services will be diminishing.  She stated the County is more of a rural area; the majority of the people live on an acre to five acres; the cart system does not work; and requested the Board let the cities, when they incorporate, take that to their people to worry about.  She stated the Board has a bigger picture to worry about; and the bigger picture is to keep the residents’ taxes down. 

 

George Geletko, representing Waste Management, stated he has heard a lot of information, read a lot in the newspapers, and has seen a lot of emails with a lot of misinformation; and what he intends to do today is to address the issues on the transition and the cost factors.  He stated he is not a CPA from M.I.T. as Mr. Shantzis is, but he does understand costs and the rate history of Brevard County.  He displayed a slide showing the rate history of the County going back to 1992; and advised that is when they separated yard waste from the rest of the waste stream and added the fourth collection onto the services.  Mr. Geletko stated at that time the rate was $8.47; today in 2007, the rate is $9.12; and that is a 65-cent per month increase over 16 years.  He stated Mr. Shantzis mentioned compounding the numbers; the rate was basically flat up to 1998 when the contract was renegotiated; it happens every five years; and staff does its homework, reviewing the rate Statewide and looking at various elements that affect rates and service.  He stated in 1998 the rate actually decreased 7%; in 2003 there was additional service with white goods being picked up separately along with tires; in that way Freon was not extracted into the air by the compaction of white goods by the trucks; and such goods are picked up by flat bed track, so there was a 7% increase.  He stated as they look at the rate structure, it has been renegotiated every five years; and the rates have been adjusted accordingly.  He stated there are several reasons they are promoting the cart system; and he went over this in April and in November.  He stated there is a shortage of CDL drivers; he is having a tough time in staffing the routes; and the only reason he is able to do it today is because the construction industry is down; but if they go back to 2.8% unemployment, there is not going to be a labor force that he will be able to hire to put on the back of the trucks to collect garbage.  He stated the other issue is safety; over the last ten years, two collectors were hit by cars and killed; and that does not include the other accidents and issues that are natural to the job being performed.  He stated when they look at $11.65 a month they are talking about a $30 a year increase; and displayed a slide dealing with inflation factors.  He stated what is driving it Statewide are inflation factors; and they are hard numbers.  He stated in October 2003, the day the contract started, fuel was $1.41 a gallon; that is an average of $5.50 an hour; the average truck today is burning $3,200 a month in fuel whereas five years ago, that number was probably around $1,400 a month; and the Board can see all the other increased costs.  He stated in terms of Statewide competition, under the competitive bid process the City of Winter Springs’ rate went to $75.12 a month, but if they went automated, it would have been a bit cheaper at $69.24; Port St. Lucie is $133.80 a year; Manatee County is $39 and $69; and inquired where are they with Brevard on an annual increase with $30.36 proposed. 

 

Chairman Scarborough inquired if it is the intent of the Board to allow Mr. Geletko enough time to cover this issue; with the Board reaching consensus to allow Mr. Geletko to continue. 

 

Mr. Geletko stated as they go back and look at the fuel factor, even with the caps they currently have on the CPI, if a fuel adjustment surcharge based on federal guidelines would have been implemented, the County’s rate today would be $11.05.  He stated the rate increase effective October 1, 2007 was one penny; they have worked hard through the years to give the County competitive rates; and at the same time they have increased levels of service.  He stated they understand that unless they provide a high level of service at a competitive rate, they are not going to be here and the 90 people currently providing the service will be working for somebody else.  He stated for the last three years many people have come before the Board wanting to expand the recycling program; but they do not have the capabilities locally so they went out and made that happen so they are able to do it more efficiently with higher savings to the residents.  He stated the way they have been doing it since 1990 is curbside sorting, so they are doing everything for the processors, giving them very valuable commodities; and they are doing it at the expense of the taxpayers because it is not an efficient way to collect recyclables.  He stated they also tried to work with Craig Yoder; they have tried to set up several meetings; and they asked Mr. Rodriguez to set up meetings with Mr. Yoder to try to get him into the program.  He stated right now Western Waste is working with Southeast Recycling; they have a contract and everything is working fine; and on the south end, the cities are able to operate with an expanded

recycling program because of that.  Mr. Geletko stated Waste Management is doing this because of labor shortages and safety; and nothing is going to change.  He stated the County will still have two garbage collections; it will still have one yard waste collection a week; it will still have one recycling a week; it will have the claw truck coming by weekly to pick up large bulky items; and people will still get their furniture that does not fit in the containers picked up weekly.  He stated the only thing that is going to change is Waste Management is going to give the people two containers at the company’s expense; and the people will put their garbage in the container and roll it to the curb.  He stated yard waste collection is unlimited; and if someone wants to put ten containers in front of their house with yard waste they can do that and Waste Management will collect it.  He stated there are not going to be any layoffs; he cannot fill the positions now; and inquired who he would lay off.  He stated the only thing that it is going to affect is contract labor; they average 20 a week; that is what it is going to affect; and he can guarantee that the contract labor organization will find a place for them to work.  He stated they have tightened up the transition plan; experience tells them if they try to deliver too many carts, they are going to get a lot of phone calls; and people will have questions even though there will be a very strong education program.  He stated literature will be sent to the users homes; there will be literature on the containers; but there will still be roughly 20% of the people calling to ask questions; and Waste Management needs to be sure it can handle the volume.  He stated to deliver 75,000 containers by October 1, they will begin delivering the containers in August; they will put tags on the containers advising not to put them out to the curb until October 1; but he can guarantee that the next week they will be at the curb and they will have to deal with them.  He stated there is a possibility that they may have to run an automated truck with the manual collection system while they are going through the short transition period.  He advised the automated residential collection will allow them to be more diversified in recruiting CDL drivers; and one route will cover all services.  He stated outside of Brevard County or Florida, people pay for bulky item pickup; they pay for large yard waste collection pickup; and in most cases they only have one garbage collection weekly, one recycling every other week, and one yard waste pickup every other week.  He stated the change is the right thing to do; it will keep everything contained in the container; waste will stay out of the gutter so it will help the environment; and it will definitely improve neighborhood appearance.   

 

Larry Dalla Betta, with Waste Management Recycle America, stated unincorporated Brevard County and the tons that are being collected now do not support the construction of a single-sort processing facility on its own; and all throughout the country they are processing and marketing over 2.1 million tons of single-stream material that is processed through their facilities.  He stated in South Florida, Collier, Broward, Miami-Dade, and Martin County’s tons will be going to one facility; it is necessary to have tons to support and cost effectively run these facilities; and having a single-sort, stand-alone facility in Brevard County would be very tough financially.  He stated they have been working with SP Recycling for a long time, not only in Florida, but throughout the country; in Brevard County they are currently receiving all the 800-plus tons per month from the current cities being collected single-stream; and even though it has been previously stated in another meeting that SP Recycling is going out of business, he does not think so.  He stated SP Recycling has already agreed to take the additional tons if the unincorporated areas go single-sort at their facility in Melbourne; and Waste Management Recycle America has also offered the to give the County $60,000 upfront to construct a steel structure for the dumping and transloading of that single-sort material to the Orlando facility.  He stated the tons are going outside the County, but they will be selling all news tons that are currently collected single-stream back to SP Recycling for its mill.  He stated as far as more trucks on the road, they have six-sort trucks maxing out at one to three tons; if a bin gets full, they have to drive to the processing center and dump; half from North Brevard is going to Progressive; the other half goes to SP Recycling; and with this program with automated collection and single-stream collection for recycling, they would be collecting it with the existing bins for now in rear load packers, which have a compaction and capacity to hold anywhere from six to nine tons of recyclables.  Mr. Dalla Betta stated he has heard there are going to be more trucks on the road because they have to transfer material to Orlando; and this is true; but when talking about 800 tons a month in unincorporated Brevard County being picked up by six-sort trucks carrying one to three tons, there is a lot more traffic in the inner city more populated areas.  He stated their two transfers, to SP in Melbourne, and to the Cocoa landfill for the County to get some revenue for the single-sort material, are right on the County’s highways; the transfer trailers, if loaded correctly, will hold from 14 to 19 tons of single-stream material, so what eight to ten six-sort trucks hold will all fit into one transfer trailer; and that is how they will transport to the facility in Orlando.  He stated he wanted to touch base on that because a lot is being said about additional trucks; but it reduces the amount of trucks on the highly populated streets.  He stated in terms of the market, he is hearing that they are not going to be able to sell the material if it is being collected single-stream; but they would not be doing this throughout the country and spending millions on each facility if they could not sell what they are bringing in.  He stated they are marketing over 2.1 million tons of single-stream material throughout the County; there is nothing left on the floor except what did not get processed, baled, or sold because of trucks not coming in; but there are not having any issues selling all of the single-sort material to end users, whether it be fiber or co-mingled non-fiber products. 

 

David McIntyre stated he is happy to be present to speak on behalf of Waste Management; Bryant Thornton, who is the manager of the company is a very neat man when it comes to doing things for the customers; at every meeting, he is always saying something that would benefit the customer; and he is a very neat person.  He stated Mr. Thornton is concerned about the customers; he has been with the company for 28 or 29 years; he is looking forward to retiring soon; but he has enjoyed working for Waste Management.  He stated he has seen a lot of things come and go; but Mr. Thornton is a good manager who looks out for those who need to be looked out for.  He stated the sideloaders are very good; and commented on the safety issues involved with two guys on the back of a rear loading truck versus the sideloaders.  He stated the one-man truck is a good idea; and the Board should go for that. 

 

Willie Mitchner stated he is a driver for Waste Management; he has been with the company for 20 years; and he supports the sideloader. 

 

Bridgette Sherwood stated she works in Cocoa as a recycle driver; she grew up in North Merritt Island; she joined the Marine Corps; and after that, she moved back to Brevard County, and has been here for two years now.  She stated she wants a career with Waste Management; that is what she is working for; and Waste Management is helping her.  She stated she graduated from college while working with Waste Management; she has kids to raise; time with her kids is what she wants; and the cart program helps with that.  She stated the cart program does not only give more family time but it is safer; they have some one-sided trucks already; she drives one, which is a recycling truck; and she hears people say they will have to put their garbage on the opposite side of the street, but it does not work that way.  She stated they know how to run the routes, going up each street and back down it twice, so the people are not inconvenienced; and it is not often that they have to walk to the other end of the road until it is a dead-end where there is no turnaround.  She stated the garbage is going to be able to go at the end of the driveways just like it always has; but it will make customer service better as everything is cleaner, looks nicer, and fits into the containers.  Ms. Sherwood advised anyone wanting more containers can purchase more and they will be picked up; the containers are simple to roll; her son helps a neighbor take her can out; but if he is not there, the garbage guys will go and get it.  She stated they will still have handicapped services in place for those reasons because there are people who cannot move the garbage cans due to disabilities or medical problems.  She stated the people have said the cans are larger and the 32-gallon cans are all they need; but most people are not using the 32-gallon cans.  She stated there are a lot of people who have the 96-gallon cans already and expect Waste Management to pick them up and empty them; the workers are not supposed to pick up anything over 50 pounds; but the boss emphasizes customer service; so they workers do what they can for customer service.  She reiterated people complain about the larger cans, but they are using those cans anyway because that is what Home Depot, Lowes, etc. provide for customers to purchase.  She stated she was stationed in California; she lived in the desert where they had the totes; and when she first moved there she learned her lesson about the totes.  She stated the company told her to put her garbage by the road where it would be picked up and she would get a cart the next day; but coyotes made a mess of the garbage.  She stated containers keep the animals out; she never had any problems with the containers; and single-sided trucks with toters are the way to go. 

 

Bryant Thornton stated he has fiduciary responsibility over safety and customer service; two employees were struck this year by vehicles passing; they focus the employees on safety; one cannot put a price on life; and he wants the employees to be running in a safe manner, and not worrying about the motoring public not paying attention.  He stated drivers run into police cars, fire trucks, and everything else; and inquired what the Board thinks they are going to do to a garbage truck or the person on the back of the truck.  He stated most of the time there is one person on the back of the truck; in some cases there are two; but when there are drivers in the traffic that puts them at risk.  He stated the job is labor intensive; in the summer it is over 100 degrees; and the fivers work very hard to pick up the garbage, but containers are getting bigger in size.  He stated most customers have the 64-gallon containers; and that creates strains and sprains for the workers.  He stated if someone surveyed some areas right now they would be amazed at how many carts are on the street; the drivers bring it to his attention; his focus is on safety; and looking at the safety aspect of the operation of the cart system and the one-sided truck, he supports that for the safety of the employees and the motoring public.  He stated the motoring public will not have to be confused about what the driver is going to be doing; there will be one-sided routes, picking up one side, coming back, and then doing the other side; and that will keep drivers out of the road.  He stated from a customer service perspective, the company wants drivers providing quality service; that is something he tries to instill in the workers; they are held accountable for customer service; and they are expected to meet or exceed customer expectations. 

 

Craig Yoder stated he is the owner of Progressive Recycling; Mr. Geletko said nothing is going to change; and inquired why the County would want to pay $77 million when it could get the exact same level of service for $60 million.  He stated that is the bottom line; this is not a debate about carts; this is a debate about economics and responsibilities; and he does not understand why anybody would want to spend $17 million more than they have to spend to get the same level of service.  He stated he has already committed to the Board that he can have a single-stream recycling facility up and running within five years of renewal of the contract; the previous speakers work for a major corporation; they are not entrepreneurs; and they have not created jobs like he has.  He stated he can continue to create jobs in this County if he is given the opportunity; but if the vote goes anything other than the renewal today, that opportunity is greatly diminished.  Mr. Yoder stated he is present if anyone has questions concerning recycling. 

 

The meeting recessed at 2:57 p.m. and reconvened at 3:14 p.m.

 

Commissioner Nelson thanked Mr. Geletko for sitting down and discussing the contract with him; and stated although they did not agree on everything, it was very professional.  He stated last time he said the County had a good contract; but after listening to Mr. Geletko, the County has a great contract because clearly the contract that is in place allows the County to continue to receive the service it is currently receiving at a very favorable rate.  He introduced his new Aide Tyler Sirois; requested Mr. Sirois bring in the garbage cans; and stated after hearing six hours of discussion about the big green cans, he is going to stand up for the little cans.  He stated this has turned into a discussion about the cans; Waste Management’s can is green and his is black; but his can comes in different colors so that is no big deal.  He stated Waste Management’s cans are 96 gallons and 64 gallons; his can is 33 gallons; but a resident can only get two containers with the system that is being proposed, while he can have as many of the little cans as he wants.  He stated both of the cans have lids; he heard about the raccoon problem; his lid locks down, so he does not have a raccoon or dog problem; and his can has wheels.  He stated the cost of the big cans is $75; his can costs $12; and again he can get it in all colors.  He stated the Waste Management can has to be placed on a flat surface; it has to be turned in the correct direction; and it has to also be placed away from any overhanging trees; but his just needs a flat surface.  He stated the best part is that at the end of the day their can gets emptied and his can gets emptied; and the difference is his can is going to cost 39 cents more versus $2.53 more, which is $30 for the Waste Management can versus less than $5 for his can.  He stated he hopes the Board never talks about the cans again because this really is not a discussion about cans;  it is a discussion about the County having a very good contract; and the Board needs to take advantage of that.  He stated he feels Mr. Geletko’s pain; his candor in the newspaper today where he said Waste Management was upside down in the contract was remarkable because it is so true; and that is great leverage for the County, but it is not using it to its advantage.  He stated one of the things the Board has not talked about is that commercial rates are going to go up 27%; in District 2 there are over 600 customers; and there are 3,800 commercial customers that will see their rates go up with no increase in service.  He stated the Board has not talked about that.  He stated as far as single-stream recycling, it may be the wave of the future, but he struggles with the fact that the County is going to put its future into another county.  He stated it is almost to the extent of what some businesses in the country have done with sending things overseas; they have no control over it; and once the Board makes this commitment to single-stream, it is stuck and will never get out of the single-stream going to Orlando and the County will have lost its capacity to do it locally.  He stated it is critical to retain the ability to do recycling locally; and he would prefer to see Waste Management and the recyclers get together to have recycling locally.  He stated he does not want to see the County put its eggs in the Orlando basket; it is easy to say that it is only a few dollars more; but when the Board went through the budget process this year, it was nickel and diming left and right; but his Aide Liz Alward only saved $12 this year even though the Board cut 80 positions, 40 of which were filled.  He stated now the Board is going to take back that savings plus additional money; and it will cost Ms. Alward $30 for the new cart system.  He stated he does not know how it makes sense for the County Commission to be in a position of doing all the struggling; Commissioner Voltz got out a belt to show belt tightening; but this is belt tightening too; and it is coming down to the fact that there are folks who cannot afford to take any more hits.  Commissioner Nelson stated $30 is a Christmas gift for somebody; Liz’s daughter is not going to get the game she wants because her mother is going to have to pay; and it is real money spread across over 90,000 customers.  He stated Commissioner Colon has said the Board needs to listen to its bosses; and advised his bosses do not believe this is a good idea.  He stated if this was put on the ballot, it would not pass; people still come to his walk-ins arguing that even though they saved money, they are still mad at him because taxes were not lowered further; and yet, the Board is ready to increase this.  He stated as Commissioner Colon says, this is a champagne taste on a Coca Cola budget; that is what the Board is putting itself into; and as one speaker said, neatness is nice, but cost is crucial.  He stated if Mr. Geletko and Waste Management would like to sit down and talk about transitioning to the cart system at the current rate structure, that is a fair discussion; but he cannot support going forward with the carts at this point in time when citizens and businesses are hurting.  He stated it is the wrong decision to make at this time; and he is not going to support it.  He stated he also does not want to see the County losing recycling to Orlando; and those issues need to be addressed to see if the Board can move forward.  

 

Commissioner Bolin stated she is leaning toward doing the automated system and the one stream; in her District she has 23,689 residents in an area that is not rural; and there are handfuls of people who are going to be very unhappy with it and a lot of people who are going to be extremely happy with it.  She stated she has heard from both; whenever there was an area that wanted more information or had misinformation, they held a neighborhood get-together; they had one in the Sawgrass area that was attended by 20 people.  She stated those people got to put their hands on a cart; they were complaining that it was not going to fit in their garages; but when they took the cart and rolled it in, it took the same space as the current can.  She stated there was a lot of misinformation out there; but once the people actually saw it, touched it, moved it, and put it in the garage, 18 or 19 of the 20 were happy with it.  She stated the County does have a good contract; and because it has a good contract, she wants to lock in now at this price to cart system because the cart system is going to come.  She stated some people might be unsure about it, but it is the wave of the future; they cannot continue to have the labor intensity on the trucks with workers trying to pick up larger and larger carts on a manual system; service is going to start suffering; and if the County can lock into this price now, which is $2.14 a month more than the manual system, it is going to save money in the long run.  She stated as far as recycling, they are going to be able to do much more; and it is going to keep the items out of the landfill.  She stated she is for doing the automatic and the one stream. 

 

Commissioner Voltz inquired about bringing a cart down a coquina or dirt driveway; with Mr. Geletko responding people come up with creative ways to address that.  He stated the problem is not unique to this area; there are carts throughout the country; in Cocoa there was an issue so people built small corrals at the end of the driveways, which were nicely done with plants around them; and that is where they stored the containers.  Commissioner Voltz requested Mr. Geletko address the issue of yard waste that will not fit in the cans and needs to be put by the side of the road.  Mr. Geletko stated collection is unlimited; if people want to put 30 96-gallon containers out, they can do that; the price of collection will not change; and the containers will be dumped.  Commissioner Voltz stated in Mims and in the Micco-Grant area there are large piles; and currently Waste Management goes and picks those up.  Mr. Geletko stated that is right if it is a clamshell load; nothing is going to change; the clamshell will be in the area on a weekly basis; and those items will be collected.  He stated people will call in and say they have a clamshell load; and on the day of collection that truck will be out there to pick it up.  Commissioner Voltz inquired if they are supposed to have it divided into four-foot sections; with Mr. Geletko responding that has never left the contract; and the rules of collection are that it is to be cut up into four-foot sections.  Commissioner Voltz stated right now Waste Management just goes and picks it up.  Mr. Geletko stated Waste Management is very flexible; and as long as it has a clamshell available, it will continue to be flexible.  Commissioner Voltz stated nobody will be limited as to what they can put out; and nobody is going to lose any service.  She stated it was brought up earlier about the low income exemption; the Board is looking at that for the fire assessment; and inquired if the issue passes through the House, would Waste Management be open to doing that for low income; with Mr. Geletko responding Waste Management would be willing to talk about it.  Commissioner Voltz stated she wants to address the issue with recycling in Orlando; that seems to be a concern for a lot of people; people are talking about losing jobs at the recycle place; and inquired what types of items Mr. Geletko is talking about recycling.  She inquired why those are going to Orlando; stated with the price of gas, it is going to cost more; and requested those issues be addressed.  Mr. Geletko stated right now the only thing in fiber that is being recycled is newsprint; but they will be able to do telephone books, which now have to be taken to a drop-off center.  He stated that is additional fuel; it is inconvenience for the customer; and he is sure there are people who are very dedicated to recycling that go to the drop-off centers; but if they collected telephone books at curbside, all telephone books would get recycled.  Commissioner Voltz inquired who picks those up; with Mr. Geletko responding they do.  Commissioner Voltz stated they are dropped off at a center and Waste Management picks them up; and inquired where do they go then.  Mr. Geletko stated they have about 30 eight-yard containers strategically placed around the County; they have a special collection truck that goes around, dumps the containers, and takes the material to the recycling center where it is packaged up and sent out, so it is collected separately from the other material.  Commissioner Voltz inquired are they then delivered to the Orlando facility; with Mr. Geletko responding no, they are sent directly to the mill.  Mr. Geletko advised anything that is collected in Brevard County goes out of the County to a mill some place.  Commissioner Voltz inquired what Mr. Geletko means by anything; with Mr. Geletko responding whatever is collected.  Commissioner Voltz inquired if Mr. Geletko means it is either by Waste Management taking it out or by Mr. Yoder; with Mr. Geletko responding yes, so it all leaves the County.  Mr. Geletko stated he hopes he made himself clear on the telephone books; that is a separate process using a truck with more fuel and more manpower; it is not an efficient way of doing things; and it is not convenient for the customer because they have to take it to the drop-off center.  Commissioner Voltz advised she throws her phone book in the garbage because she does not know where else to put it; but she recycles everything else.  Mr. Geletko stated along with phone books the people will be able to recycle magazines, junk mail, cereal boxes, and corrugated cardboard. 

 

Commissioner Voltz stated she does not know how much they are talking about that currently goes into the landfill that could be eliminated; and inquired if Mr. Rodriguez has any idea of the impact recycling would have on the landfill.  Solid Waste Management Director Euri Rodriguez responded they ran a calculation in 2005; and it would add months to the life of the landfill, but not years, so the impact is not that high.  He noted they were talking only about curbside recycling.  Mr. Geletko stated it will also expand commercial recycling. 

 

Commissioner Voltz stated someone mentioned the cart being 96 pounds, but it is 92 gallons.  Mr. Geletko advised it is a 96-gallon container; and it has a weight capacity of 250 pounds.  Commissioner Voltz inquired about the smaller cart; with Mr. Geletko responding it is a 64-gallon container with a weight capacity of 200 pounds.  Mr. Geletko stated one of the reasons that the senior citizens appreciate that over a 32-gallon container is because of the height of the container; the new containers are chest high; and it is easier to roll it rather than bending down and dragging the smaller one to the curb.  Commissioner Voltz stated she used the containers in Ft. Lauderdale; and she is very familiar with them.  She stated she has taken her garbage out at home; she has a very bad back; and she does have to bend over to pull the garbage cans down the driveway.  Mr. Geletko stated he lives in Suntree; when he left the house this morning he counted 16 64-gallon containers at the curb; that is a popular sized container; and in his neighborhood there is not going to be any problem in securing those containers where they need to be secured.  Commissioner Voltz inquired if they had 200 pounds of waste in them, will the people be able to pick them up; with Mr. Geletko responding they can roll them.  Commissioner Voltz stated currently the drivers have a limited capacity in terms of what they are supposed to lift and are not supposed to lift more than 50 pounds.  Mr. Geletko stated it is a weight issue but also an issue of configuration.  Commissioner Voltz stated several people have said that the people are paying Waste Management upfront for its equipment; she sees this as Waste Management paying upfront for the equipment and then the people paying Waste Management back for the services which pay for the equipment; and requested Mr. Geletko address the issue.  Mr. Geletko stated he is not sure what the speakers mean by paying upfront for the equipment; but the rate structure includes up to two containers, one 64-gallon and one 96-gallon containers.  He stated those people who only want one container can have their choice of either container; but that is built into the rate structure; and it is all included for $11.65 a month.  He stated Waste Management is responsible for maintaining the containers; if the containers wear out, Waste Management is responsible for replacing them; if the wheels break, Waste Management is responsible for replacing the wheels; the drivers carry additional wheels and can repair them; and a customer should not have to purchase another container as long as Waste Management has the contract and the cart system is in place.  Commissioner Voltz stated more than the cart was the issue of the trucks; Waste Management is going to be paying for trucks; and people are concerned that they are going to be paying for Waste Management’s equipment.  Mr. Geletko stated regardless of whether they go with sideloaders or rear loaders, Waste Management will have to bring in new trucks; new capital is going to be there; and he sent the numbers to Commissioner Nelson.  He stated approximately $9.2 million worth of new capital will have to come in to continue the service; when a truck hits a certain age, it is worn out; and they replace them.  He stated Commissioner Voltz may be talking about the transition.  Commissioner Voltz stated people have indicated that Waste Management is going to be providing new trucks and Brevard County citizens will be paying for them; and after five years, the trucks that the citizens paid for will belong to Waste Management.  Mr. Geletko advised that is not true although he wishes it was the case; they depreciate the trucks out over ten years; and every ten years they replace the trucks.  He stated every five years they completely overhaul the trucks; every 100 hours they pull them into the facility for a complete go-over; every 300 hours they pull them into the facility for a complete go-over and changing all the fluids; the trucks are on the road roughly 60 hours a week, so every three to four weeks they are in the shop being repaired; and that is all part of the rate structure.  He stated he cannot pick up garbage without trucks or without good operating equipment; and that is all built into the rate structure.  Commissioner Voltz inquired why is it that some people will get the carts first and why does the last person have to pay the same as the first person even though they do not get their cans until last.  Mr. Geletko stated when they did the pricing they took all that into consideration; if the sideloaders are chosen for 2008, that means the equipment will have to be in place in July or August at the latest because they are going to have to put their drivers through training; so they will have to make sure the equipment is there.  He stated they are going to start delivering 70,000 carts on August 1, 2008; the contract will start on October 1, 2008; and that means they will have to start delivering carts two months in advance to make sure everyone has their carts on the first day of collection.  He stated they can put red tags on the carts saying “do not use until October 1”; they will have instructions on the carts with common sense tips; but he can guarantee that 20% of the people will read them, throw them away, and forget them; and then the phone calls will start coming in asking for instructions.  Mr. Geletko stated in order to handle the volume of calls that will be coming into the service center, it is best to split it up into three different segments; and everything will be done in ten months.  Commissioner Voltz stated last time it was put out that it would be over three years; with Mr. Geletko responding it was 15 months, but because it was the last quarter of 2008, the second quarter of 2009, and the first quarter of 2010, it was assumed it was three years when it was actually 15 months.  Commissioner Voltz stated now it is ten months; with Mr. Geletko responding everything will be in place by August 1.  Commissioner Voltz inquired why the County should not go with the current contract; with Mr. Geletko responding the County did a survey several months ago in the pilot program; 35% of them responded to the survey; and out of that 35%, 90% said they wanted to continue with the cart program.  He stated they surveyed 1,800 people that were in the pilot area.  He stated second is they are going to raise the levels of service; regardless of some thoughts that have been communicated, the carts are a much better way to go.  He stated at the last meeting several city officials were present who had initiated the cart program in 2006; and they all endorsed the program because people love the carts.  He stated from a labor standpoint, he is having a tough time filling the routes with qualified drivers; there have been injuries; and when the growth starts getting back to normal again, they are going to be adding on more routes, and it will be really tough to staff the rear loaders with two guys on the trucks.  He stated they cannot find people to do manual labor any more; and the other part is that folks need to work in a safe environment. 

 

Commissioner Bolin stated Mr. Geletko talked about implementing this and being flexible; and inquired if there were not a lot of questions and people caught on quickly, is there flexibility to implement a little faster.  Mr. Geletko responded the best was to implement and make it as transparent as possible is to work closely with the homeowners associations and do a strong educational program; they will also be doing mailouts; and they will be developing a website with all the rules of collection, days of collection, where they will be starting delivery of the carts, and other pertinent information.  He stated the website will be hooked to the County’s website; and it will take a tremendous amount of communication and education to make this move smoothly.  Commissioner Bolin stated if she was in Winter Springs with the automated system, it would be $17.84 instead of the $11.65 it will be in Brevard County; if she was in Manatee County, it would be $16.10; and Brevard County got quite a deal for something that is going to be coming inevitably.  Mr. Geletko advised the cost of equipment is not getting any cheaper. 

 

Commissioner Nelson inquired why did the commercial go up 27% if they are not getting any additional service.  Mr. Geletko stated the hand pickups will also be issued 96-gallon carts; and what they did was balance out the rates between the residential and commercial.  Commissioner Nelson stated in effect the commercial is pickup up some of the residential rate.  Mr. Geletko stated that is exactly the case; and if the Board looks at the Port St. Lucie numbers, the commercial rates actually went up from $4.50 to $6.99.  Commissioner Nelson stated he looked at the contract; all costs have gone up for everyone; he has yet to have a fuel supplier call and say they are embarrassed by how much they are charging; the County negotiated the contract and Mr. Rodriguez got a good deal; and inquired if the current rate structure reflects savings associated with reductions in Waste Management’s fuel costs, Workmen’s Compensation, or other reductions that will be achieved by going to the cart system.  Mr. Geletko responded he believes it will over a period of time.  He stated he cannot answer the question right now; and the only thing he can tell the Board is that in terms of Workman’s Compensation, if he does not have any more injuries over the next five years, it will definitely drop.  Mr. Geletko stated in terms of fuel efficiencies with the sideloader, until they go through a few more seasons that affect fuel, it would be tough to answer.  He stated during the summer months the trucks burn a lot more fuel per hour than in the winter months, so weather affects that; but he thinks right now they are probably seeing some savings on fuel.  He stated the hydraulic system on the sideloader is a lot more efficient than what they are on the rear loader; on the rear loader when they pack the garbage, they have to raise the RPM’s to 1,800 RPM to pack it; but with the sideloader, it packs as the truck is going down the road. 

 

Commissioner Voltz stated Mr. Geletko mentioned another time that if the Board renewed the current contract there were some things that Waste Management currently does that it would not be able to continue doing because of the cost of doing business; and inquired what those would be.  Mr. Geletko stated in 1989 after there were heavy freezes, everybody started cutting back and they pulled in equipment from all over the State to try to get caught up with the volumes; and that is what started driving them to bring in the automated claw trucks that could pick up those volumes.  He stated there were many things that the company did back then that did not put a cost on the table because they had no idea what the cost would be.  He stated they were compensated a year and a half later as they looked at all the hurricanes and things that were done for the hurricanes; much of the work was compensated by FEMA; but there were a lot of things that were not compensated; and when FEMA is compensating, one does not know when that money is going to come in.  He stated a company may have to carry $4 million or $5 million for eight to ten months; and even then, they are not sure they will get all of it.  He stated in Commissioner Scarborough’s area after the storm of 2005, there was an elderly gentleman who had lived on his property for over 70 years; he had a two-acre piece of property with an old out-building that had blown down.  He stated the man did not have a chance to get the stuff to the curb until after FEMA was already gone, so they sent a truck up and pulled three loads out of there.  He stated it is things like that they do every day to try to provide high levels of service; and he is not sure those things will be available in the new contract.  Commissioner Voltz stated Mr. Geletko also talked about many people putting out large piles of waste but not bundling them.  Mr. Geletko stated they do not cut them into four-foot lengths; there is a lot of loose debris that should be in containers; but it is not containerized.  He stated there are a lot of 64 and 96-gallon containers out there, and he does not know how they are going to deal with them.  Commissioner Voltz stated the company is not going to pick up the large containers because they are too heavy and if there are large piles that are not bundled properly they will not be picked up; with Mr. Geletko agreeing.  Commissioner Voltz stated the Commissioners will get a zillion phone calls. 

 

Commissioner Bolin stated when they had the West Cocoa floods, she was active in Emergency Management at the time; she went out there with a FEMA representative in an airboat; and they knew they were going to have a big problem with a lot of furniture and things that were going to be destroyed.  She stated at the crack of dawn the next day, it only took one phone call to Waste Management to get dumpsters there; and no one asked who was going to pay or anything like that, but just how many were needed and how fast did she want them.  She stated those are things that are not paid for; they are thrown in as good will for the community; and they cannot put a price on that service. 

 

Commissioner Colon stated she wants to talk about the dollars; when the phone calls come into her office it will not necessarily be about how the containers look; but it will be about working the best contract for the citizens.  Commissioner Colon stated it is her understanding that all the different cities do their own contracts; with Mr. Geletko responding that is correct.  She stated the Board is responsible for the unincorporated area; and inquired if the rate of the City of Titusville is going to be higher than the County’s; with Mr. Geletko responding he does not service Titusville.  Commissioner Colon stated the numbers that the Board has are very clear to negotiate a contract for the unincorporated area; she is not responsible for the cities; they do their own; and according to the numbers, the County has negotiated a better contract and will be paying less than Satellite Beach, Cocoa, Grant-Valkaria; Palm Bay, Melbourne, Rockledge, and Titusville.  She commented on various entities working out their best contracts, comparing contracts, and the contract negotiated by Grant-Valkaria.  Mr. Geletko noted the Grant-Valkaria contract was through competitive bid; and their number is $21.70.  Commissioner Colon inquired about the County’s price per month; with Mr. Geletko advising it is now paying $9.12 per month.  Commissioner Colon noted that used to be the rate in Grant-Valkaria, but it went out to bid; the best contract was with Waste Management; the County had nothing to do with that; so when the Board is trying to compare apples to apples or garbage to garbage, its job is to get the best contract.  She stated that is what she is talking about when folks are talking about giving away the farm and this and that; obviously that must be the case with every other elected official because the things they are trying to compare is to make sure they are getting the best service; and that is where she is coming from, strictly how much the residents are paying and the level of service.  She stated they should be careful what they wish for because they might get it; during the hurricanes it was horrible; that is where the rubber met the road; and those were some of the things the Board looked at.  She stated folks who live in the cities should look at their garbage bills and see how much they are paying and then be able to see what the citizens in the unincorporated areas will be paying; and then they will be able to see exactly where the negotiations of the contracts lie.  Mr. Geletko stated he agrees; and it can be taken one step further if they go outside the County as Brevard County has one of the best rates Statewide. 

 

Commissioner Nelson stated the Grant-Valkaria contract is unusual; it does not match up against the County’s contract; and it is not comparing garbage to garbage in that instance.  Mr. Geletko stated that is right; that is what happens when one starts messing with the economies of scale; and the County will end up with some areas that will end up just like they did down south.  Commissioner Nelson stated they asked for an unusual configuration of service.  Mr. Geletko stated the service is actually the same as the County’s.  Commissioner Nelson stated they have no commercial; with Mr. Geletko responding that is right.  Mr. Geletko stated there are all the economies of scale they deal with; and when they look at the city contracts they are dealing with the same thing.  Commissioner Nelson stated the difference between the two contracts is about $2.5 million; the extension of the current one and the rate they are going to pay is about $2.5 million; and for the types of things that Mr. Geletko is talking about, the County could set up a catastrophe fund for about $1 million and cover everything that has been talked about.  He stated there are ways of dealing with that; he appreciates that Waste Management stepped in, but the real fiscal issue is that the County can set up an ability to pay Waste Management more timely than FEMA can; and that should not be an issue.  He stated the County can call Waste Management and ask them to bring out the dumpsters for flooding in Cocoa; and if the County has a catastrophe fund, then the County can pay in a timely fashion, so in effect there is $2.5 million on the table to do that.  Mr. Geletko stated he appreciates what Commissioner Nelson is saying and agrees to a certain extent, but as they look at where the rate structure has been over the last 16 years, they formed a good partnership with the County; and they have done everything to cooperate; but they also negotiated in good faith and hope the County negotiates in good faith.  Commissioner Nelson inquired if Mr. Geletko is saying he is not negotiating in good faith; with Mr. Geletko responding he is not.  Commissioner Nelson noted actually he did say that; with Mr. Geletko advising if he said that, he takes it back.  Mr. Geletko stated he did not negotiate with Commissioner Nelson; but Waste Management negotiated in good faith and that is where the numbers are.  Commissioner Nelson stated the reason the rate structure went down in 1998 was because the choice that the County Commission had at that time was to go out to RFP or negotiate the contract directly with Waste Management; and it was a 3 to 2 vote.  He stated Waste Management probably had its arm twisted; but it felt it was important to continue the contract and so it gave a rate reduction to continue that service.  Mr. Geletko advised if the numbers would not have allowed them to do it, they would not have done it.  Commissioner Nelson stated he and Mr. Geletko had this conversation, and they will still be friends when this is over; but the County could extend the contract and have a five-year period to go to the cart system and figure a way of doing it so that it does not impact the citizens.  He stated they have gone head-long into carts or nothing; and he would have liked it to be handled in a different fashion.  He stated there is nothing wrong with having the lowest price in the County, because while there are others that are higher, there are some that are lower; one of those happens to be in his District; and they have talked about the fact that their commercial is higher but they chose to subsidize their residential rate with commercial.  He stated sometimes one wins in negotiations and sometimes one loses; this is one of those rare occasions when the public has won but the Board is not using that to its advantage; and there is still some negotiating that could occur.  Mr. Geletko commented on cost of equipment, cost of fuel, flat inflation allowing flexibility, and where they will be in five years; and stated right now as it stands in 2008, they need an increase to continue to operate and survive.  Commissioner Nelson inquired if Mr. Geletko is saying the County does not have the option of extending the contract and receiving the same level of service; with Mr. Geletko responding it absolutely does; and it is the Board’s choice.   

 

Commissioner Voltz stated she was on the Board in 1998 when the contract was negotiated, which was the five year with the five-year renewal; and now they are coming up to the end of it; when they did that, things were on a pretty even keel and they got a decrease in the price; they negotiated that because Waste Management knew it could look at the cost of doing business and still make it with the decrease in the rate structure.  She stated now the opposite is true; now Waste Management is saying that it cannot do it because of what is going on in the economy; and she has seen both sides.  She stated if Waste Management was just trying to make a buck on the citizens of the County, that would be something different; but she has seen both sides of the negotiation; and rates were reduced when things were level, but they are not now.  She stated she has known Mr. Geletko for more than 15 years; she trusts what he says; and for the Board to do another contract at the current 39 cents would be destroying part of who the County is.  She stated she knows that Mr. Geletko does tremendous work out in the community; Waste Management does so much in the community; and if the Board put a dollar value on that, it would be astronomical, so she appreciates everything that Waste Management has done.  She stated they are looking at a 12-cent per day increase over five years; that is not a lot of money; but she understands that there are some people who cannot afford it; and she is hopeful  that maybe the County can get some low income assistance.  She inquired if it is possible to look at putting something in the contract to deal with that if it does pass; and can it be negotiated; with Mr. Geletko responding absolutely; Waste Management has always been flexible in the past; and it will continue to work with the County.  He thanked Commissioner Voltz for her kind comments; and stated they have worked very hard throughout the years in many different ways.  

 

Chairman Scarborough stated he had a conversation with Mr. Rodriguez; his comments have been to continue to use option 1; and it has been the tax versus the solid waste, the flag lots, sand driveway, deed restrictions, and a multiple of things; and historically there have been two contracts because there was Waste Management and another company.  He stated there are still two contractors; and conceivably one contract could be option 1 and the other could be option 2.  He requested Mr. Rodriguez elaborate a little on that.  Mr. Rodriguez stated each contract stands by itself; and unless the County Attorney advises differently, he would assume the Board can exercise different options depending on which contract it is talking about.  Chairman Scarborough stated this is the way things are structured because the Board did not make it one contract; it continued the separate structure; and inquired if that is what Mr. Rodriguez is describing; with Mr. Rodriguez responding yes.  Mr. Rodriguez stated those contracts have historically been separated and continue to be separated; and they are talking about two separate contracts even though there is one contractor.  Chairman Scarborough stated since there are Sunshine Laws, he could not share that thought with the other Commissioners; he sees three Commissioners who are comfortable moving with the new avenue; with half of the County not being included, they could have an even faster implementation of the new system; and that way there would not be people questioning why they are paying and not receiving the service. 

 

Commissioner Voltz inquired about the economies of scale and separating the contracts; and stated she assumes the price is with both contracts and if they are separated, the price could be very different.  Mr. Rodriguez stated Mr. Geletko could better answer that question.  Mr. Geletko stated when they set up the rate structure, it was for 94,000 homes and x amount of commercial; and he is not sure what effect it would have, but he is sure it would have some sort of impact.  He noted he is not prepared to address this today. 

 

Commissioner Bolin stated she is not in favor of splitting the County; and it needs to be unified and go under one system, either automated or manual with just one contract.

 

Commissioner Nelson stated he was not aware that they were actually separate contracts; and commented about the coverage of the County.  He stated he has not seen a big desire on the part of his constituents to move to the new contract; he does not know if that is because he has a lot of rural area; that may be part of what is driving it; but it would be worth a review to see if that is a possibility.  He inquired what would the breakdown be of the number of customers based on the two contracts; and are his and Commissioner Scarborough’s districts basically the same.  Mr. Geletko noted it would also be Commissioner Bolin’s district.  Mr. Rodriguez noted the dividing line now is around the Pineda Causeway.

 

Chairman Scarborough stated Mr. Rodriguez mentioned that the two could be re-divided; at one time he proposed that District 1 be taken out for an RFP; and since lines have been drawn, they can be redrawn.  Mr. Rodriguez stated he is assuming it would just be a matter of redoing the MSBU area.  Assistant County Attorney Christine Lepore stated the Board is talking about having different levels of service in areas other than how it is currently divided; the Board is talking about a subset of the north area; and that would require a contract amendment.  Chairman Scarborough stated it would be Districts 1 and 2 being the north as opposed to Districts 1, 2, and part of District 4; so there would be a redrawing of the lines based on County Commission District lines.  Ms. Lepore reiterated that would require a contract amendment. 

 

Commissioner Voltz stated she is not sure that the Board would want to go out for bid because the rate structure would be sky high. 

 

Chairman Scarborough stated he passed that moment when he did not get the votes last April or May; option 1 is the continuation of the contract; and he has been told that if he, Commissioner Bolin, and Commissioner Nelson wanted to take the contract and continue it, it would not be a problem legally.  He stated if Commissioners Voltz and Colon wanted to go to an enhanced service, the problem would begin when the Board redefined the line; but since there is a line, it is not like it is a new concept.  He stated Ms. Lepore is advising how that can be done.  Ms. Lepore stated there is the question of how that will impact the rate structure, which would have to come back on a different date. 

 

Commissioner Bolin stated the rates are going to go up if it is broken up.  Commissioner Nelson noted the rates are going up.  Commissioner Bolin stated what they have is the volume breaking point; the County has a volume rate; and if it cuts it up and makes it less, the company is going to increase the pricing, so the Board is defeating what it wants to do.

 

Chairman Scarborough stated the rate is not being increased today; and inquired if that requires notice to all the users; with Mr. Rodriguez responding that is correct.  Mr. Rodriguez advised his understanding is that a notice has to be published in the newspaper for the Board to pass a resolution for the uniform method of collection; the advertisement has to be put out in the newspaper once a week for the following four weeks; and notification has to be sent out to all the affected parties in the County, which can be done concurrently.  He stated the notice has to go out at least 20 days before a public hearing; staff ran the numbers; and it can be accomplished by the first meeting in February 2008. 

 

Chairman Scarborough stated the Board is having a tentative discussion today about proposed rate changes; it cannot change the rate until the people come in and talk; so the Board cannot enter into a contract until Mr. Rodriguez brings a contract back, which would be subsequent to the rate hearing.  He noted the Board does not want to tell the people thank you for coming but the Board has already contracted and is obligated; and inquired if he is wrong.  Ms. Lepore stated she does not disagree with anything that has been said. 

 

Commissioner Voltz inquired is the Board going to set a rate today; with Ms. Lepore responding no.  Ms. Lepore advised today the Board is talking about selection an option for scope of services and that will translate into a special assessment that will be charged against the property owner. 

 

Chairman Scarborough stated then the Board will have a public hearing about the special assessment where it will hear from the public; if the Board moves forward with that rate, then it will enter into a contract with Waste Management; and otherwise it would be contracting with money it would not have. 

 

Commissioner Voltz stated Mr. Geletko is saying he would have to order trucks right away; but he is not going to be able to order them until after February when the Board makes its decision, and then he is not going to have enough time to get the new trucks in.  Mr. Geletko stated if the Board votes on option 2 today, that is a method of collection; and he would be ordering the trucks tomorrow because what the Board would be telling him is that it wants the fully automated cart system.  Commissioner Voltz stated it would be the Board’s decision at the time of a public hearing as to whether or not it wanted to charge the residents or pick up a portion of the rate; and inquired if Mr. Geletko waits until February to order trucks is that going to be enough time.  Commissioner Voltz stated if the Board gives Mr. Geletko option 2 today, that is saying it is going with that and he needs to proceed accordingly.  Mr. Geletko advised he would order trucks tomorrow. 

 

Commissioner Colon stated the process today is very clear; the Board is following the law; and whether option 1 or 2 are adopted today does not matter because the Board needs to tell the citizens there is going to be an increase, whether it is 50 cents or $25.  She stated the Board has to follow the law; and the Board is not doing anything special today.  She stated if she was Mr. Geletko she would not order any trucks until the Board decides; but that is just her opinion.  She stated anything can change; it has changed to February when the previous discussion was that the Board was going to see the contract on January 11; and commented on the committee meeting and wording for the notices already being written.  Mr. Rodriguez stated he needs around 40 days to do it; they were talking about 70 days at the beginning when they were talking about doing them concurrently; the public notice in the newspaper would have to be 30 days; so the longest period of time they are talking about is 40 days.  He stated items for the agenda are due two weeks before that.  Commissioner Colon stated doing the math, they are able to put notice now because the rates are going to go up whether they select option 1 or option 2; regardless, that notice would have to go out; and then in the meantime, staff would have to talk to the Property Appraiser’s office to make sure the County has the correct data for the residents who are going to be noticed.  Mr. Rodriguez advised staff is currently doing that. 

 

Chairman Scarborough stated if the majority of the Board wants to go with option 2, the rate that Mr. Rodriguez would calculate in his notice would be higher than with option 1; and if the Board goes with option 1, it could not later go back to option 2. 

 

Commissioner Colon stated what will happen is the citizens will get the highest number; that is the safest way because they can always go down, but cannot go up; and regardless, this is something that would have to be done whether it is increasing two cents or whatever the case may be because that is the law; and the Board must follow the law.  She stated she is concerned about the math, the public hearings, and so forth; but she guesses the Board will have to go with it.  Mr. Rodriguez stated the advertisement that goes into the newspaper could be done next week; it could start rolling out for the four consecutive weeks; and that is not a problem.  Commissioner Colon inquired why it would be next week and not tomorrow because staff already has the wording.  Mr. Rodriguez responded he has run into situations where they made a mistake and he had to republish it; then they would have a public hearing with an advertisement with the wrong date because of a mistake made during the publication; and that throws everybody off.  Commissioner Colon inquired if the timeframe is now close to two months; with Mr. Rodriguez responding February 5, 2008 is the first Board meeting; staff would be ready toward the end of January 2008; but he has to turn in items for the agenda two weeks before that.  Commissioner Colon inquired about the meeting of the committee and Waste Management; with Mr. Rodriguez responding his secretary started making phone calls yesterday.  Commissioner Colon stated regardless it will be necessary to meet.

 

Commissioner Bolin stated the Board is at a point where it needs to make some decisions; and it is trying to decide which level of service it wants, the manual or the automated. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to selection option 2, automated one sort as the level of service for the entire County. 

 

Chairman Scarborough passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to amend the motion to direct that a new line be drawn for Commission Districts 1 and 2 to be a continuation under option 1 and the remainder of the County proceed with option 2.  Motion did not carry; Commissioners Nelson and Scarborough voted aye; Commissioners Voltz, Bolin, and Colon voted nay.

 

 

Vice Chairman Bolin passed the gavel to Chairman Scarborough.

 

Chairman Scarborough called for a vote on the motion to selection option 2.  Motion carried and ordered; Commissioners Voltz, Bolin, and Colon voted aye; Commissioners Scarborough and Nelson voted nay. 

 

Commissioner Voltz requested before the final public hearing for Mr. Geletko to look at the economies of scale and what it would take to separate out Districts 1 and 2 to see what the rate structure would be; and stated if it would be higher, the Board could not do that, but it may be lower.  Mr. Geletko inquired if this would be under the current contract or under an amended contract; with Commissioner Voltz responding probably under an amended contract. 

 

Ms. Lepore advised if the Board is talking about changing the contract boundaries it would require an amendment.

 

Chairman Scarborough stated what he was proposing was to take option 1 for Districts 1 and 2 and options 2 for the balance of the County; that would require an amendment to redraw the lines; but his motion failed, so Mr. Geletko can spend as much time on the issue as he finds prudent. 

 

Commissioner Colon stated Chairman Scarborough makes an excellent point; and inquired why is the Board going to make them go through that.  She stated the Board represents the entire County; she does not just represent District 5; and when the five Commissioners sit as a Board, they represent the entire County, although the Board does not represent the incorporated areas.  She stated any decisions the Board is making right now are not for any of the cities, but strictly for the unincorporated area. 

 

Chairman Scarborough stated none of the Board’s actions today are indicating Waste Management should buy any equipment or do anything in reliance on the action; and inquired if Mr. Geletko understands that; with Mr. Geletko responding he does.  Chairman Scarborough stated Mr. Geletko has no assurance where the Board will go after the February 5, 2008 meeting; and inquired if he understands he cannot act in reliance and draw them into an estoppel environment. 

 

Commissioner Voltz inquired if she can ask a question.  Chairman Scarborough stated he wants to get an answer because the Board is concerned that Mr. Geletko may buy equipment; and the County could get stuck for big bucks.  Mr. Geletko stated the attorney for Waste Management is present and can address the question.  Attorney Ronald Kaplan advised he is in-house counsel for Waste Management; he understands the question; and it is his understanding of the law that until they have a contract, they cannot rely on it.  Chairman Scarborough stated he was concerned with comments that Mr. Geletko made and whether Commissioner Colon’s question was adequately answered.  Commissioner Voltz stated she asked Ms. Lepore that question during the break and she had answered.  Chairman Scarborough stated it needs to be on the record. 

 

Mr. Rodriguez stated he did not hear a vote to approve the letters going out to the homeowners.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve sending letters to the homeowners.  Motion carried and ordered; Commissioners Voltz, Bolin, and Colon voted aye; Commissioners Scarborough and Nelson voted nay.

 

 

Chairman Scarborough stated he is not opposed to giving notice, but that the notice that will reflect something that he thinks is excessive.

 

Mr. Rodriguez inquired because of the process they have to go through for the notifications, does the Board wish to do an average cost to the homeowners for the next five years so it can be advertised that way; with Commissioner Voltz responding yes, because it will mean the Board will not have to spend $80,000 or $90,000 per year for five years. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to use an average cost over the next five years and advertisement at that rate. 

 

 

Commissioner Nelson inquired if it will be the average over the five years.  Mr. Rodriguez responded it will be the average for the next five years under option 2, or $161.75.  Commissioner Nelson inquired what is the most that would be paid in year five; stated averages usually pull down to the middle; and inquired if Mr. Rodriguez is going to make up that difference out of another fund.  Mr. Rodriguez stated there is a combination of things; historically there was a 7% overhead; and it is being decreased to 5%.  Commissioner Nelson stated he is opposed; he would be more inclined to advertise the highest number because what is going to happen is in year five the County is going to be up against a rate discussion that is then going to have a higher number than the people will be used to seeing.  He stated the people will not see the real number being paid.  Mr. Rodriguez advised the Board can advertise at the higher rate and then take the average at the time of the public hearing.  Commissioner Nelson stated he would prefer to see it advertised at the higher rate.  Mr. Rodriguez stated that is up to the Board. 

 

Chairman Scarborough called for a vote on the motion.  Motion carried and ordered; Commissioners Scarborough, Voltz, Bolin, and Colon voted aye; Commissioner Nelson voted nay. 

 

 

 

Chairman Scarborough stated the County Attorney will advise the Board; the County has a lien; and Ms. Snipas is requesting the lien be subordinated to new financing she is attempting to get.

 

Giedre Snipas stated she has been trying to sell her property, the Sea View Motel; she has gotten to a point where she needs to refinance; the lien that is on the property by the County is to be paid within 30 days of closing of the sale; however, since she has to refinance the property, until it sells, to get the refinancing she needs a letter of subordination to continue the lien as is. 

 

County Attorney Scott Knox stated the County has a Code Enforcement lien on the property; and that lien is superior to the existing mortgage.  He noted he does not know how that happened, but that is the fact.  He stated the issue being brought to the Board is whether it wants to subordinate its position as the number one lien on the property to a new mortgage that would be put in place to refinance the property. 

 

Chairman Scarborough inquired if Ms. Snipas is going to be applying the proceeds from the mortgage to improve the property; with Ms. Snipas responding some of it is to pay for the mortgage, some is to maintain the property until it is sold, and some is to improve the property to enhance the sale. 

 

Commissioner Voltz stated some is to pay the lien; with Ms. Snipas responding the lien is to be paid at the time of sale. 

 

Chairman Scarborough stated if the mortgage was foreclosed, the County would actually get wiped out; right now, since it has a superior posture, the lien would not be wiped out; so basically they can lose that, but by the same token if she is taking money to enhance the property, it may improve her ability to sell, which may lead to the sale and payment of the lien.  He stated it is a business decision.

 

Ms. Snipas stated she is trying to find a way to sell the property so she can get out; and this would enhance the sale of the property and the County’s collection of the lien.

 

Commissioner Voltz inquired if there is abatement on the Code Enforcement action.  Ms. Snipas stated this was negotiated at a Special Magistrate’s hearing for an old lien that she did not know existed until she put the property up for sale and a title search was done that showed a lien from the mid-1990’s. 

 

Chairman Scarborough inquired has the Board subordinated previously; with Mr. Knox responding he cannot think of an instance where it has been done before; but he does not think the County has been in the number one position before either.  Chairman Scarborough reiterated it is a business decision.

 

Commissioner Voltz inquired how much is the lien; with Ms. Snipas responding it is $35,000.  Ms. Snipas inquired why does the lien come before the existing mortgage; with Mr. Knox responding he does not know, but that is the way it shows up.  Ms. Snipas advised the lien was just negotiated on August 10, 2007; and she has been paying the existing mortgage for 18 years. 

 

Chairman Scarborough inquired if the property is currently listed for sale; with Ms. Snipas responding yes.  Chairman Scarborough inquired if Ms. Snipas can improve the property with the money; and when does she think the property would be sold.  Ms. Snipas stated a lot of people are looking to the new year. 

 

Commissioner Voltz inquired if Ms. Snipas will be putting the money that she gets into the property for resale; with Ms. Snipas responding yes, it needs fixing up.  Commissioner Voltz inquired what Mr. Knox would suggest; with Mr. Knox responding it is up to the Board, but it can be done legally either way. 

 

Commissioner Nelson stated the Board is taking it on faith that the improvements will be made; so not only is the Board taking a risk by making this decision but it will have no assurance that will actually happen. 

 

Commissioner Voltz stated the Board has not really lost anything, except the price of the Special Magistrate.  She stated there is not a dollar value; it is just a matter of time and paperwork and those kinds of things; and unfortunately the lien just built up to $35,000, which is quite a bit.

 

Mr. Knox stated if it is a subordination agreement, something could be included that says that the money would have to be spent to pay off the other lien and to enhance the property for resale.  Chairman Scarborough stated he likes that; and the problem would be if Ms. Snipas defaults on the first mortgage. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the request of Giedre Snipas to allow the subordination of the Code Enforcement lien of $35,000 to a new first mortgage on the motel property at 4215 South Highway A1A, Melbourne Beach, Florida 32951, with the Subordination Agreement to contain the provision that the money be spent to pay off the other lien and enhance the property for resale.  Motion carried and ordered unanimously.

 

 

Ms. Snipas stated she does not know what happened.  Chairman Scarborough stated Ms. Snipas got what she asked for.  Mr. Knox stated the condition would be that Ms. Snipas would pay off the other mortgage with the lien with the new mortgage, but she would also use the money from the new mortgage to enhance the property for resale.  Ms. Snipas inquired when she can get a letter; with Mr. Knox responding when Ms. Snipas gets her lender lined up, they can call him and they can get it worked out.  Ms. Snipas stated her lender is lined up; with Mr. Knox suggesting the lender call his office.  Mr. Knox inquired who is the lender; with Ms. Snipas responding Global Mortgage.  

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 4:37 p.m.

 

 

                                                                        _____________________________________

TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)