MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 13, 2007

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on December 13, 2007 at 1:00 p.m. in the Government Center Florida Room, 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 Board approved a Solid Waste Assessment public hearing on January 31, 2008 at 5:00 p.m.; canceled the February 14, 2008 Workshop; approved an additional Zoning Meeting on February 21, 2008 at 5:00 p.m., and a Crime Workshop on March 13, 2008 at 1:00 p.m.; rescheduled the Community Redevelopment Agencies Workshop to April 17, 2008 at 1:00 p.m.; and rescheduled the Property Appraisal Workshop to a future date.

 

 

Chairman Scarborough stated many times the Board gets into cutting line items in the budget, but it does not know the diversity of revenues; it has heard of franchise fees being down $1.6 million, new construction coming in could be a loss of $5 million; this morning Transportation Planning Director Bob Kamm was talking about less gas tax; and Tourism Development Director Rob Varley was talking about tourist tax.  He noted the Clerk’s Office collects doc stamps; all of these things come in to make things with a total budget; somehow the County gets into the line item cuts before it gets the big picture; and what its belief is, is that many things are going wrong simultaneously.  He requested County Manager Peggy Busacca bring together a collection of revenue sources and how they impact things, so the Board can get a preview of historical revenue trends and where revenue trends could go; and stated it would help the Board and community understand the complexity of the problem.

 

 

Finance Director Stephen Burdett advised he wants to bring the Board up to speed on the State Board of Administration (SBA); the Board’s balance with the SBA, including the distressed funds, is approximately $139 million; on December 6, 2007, when the State allowed withdrawals, staff pulled out about $20.5 million, which came from Fund A; what the State has done, in order to replenish money into the distressed funds, is taken November’s earnings for interest, which includes every government that would have received money distributed to them; and it is about $95 million.  He stated those funds were not distributed to those account holders; what that amounts to for Brevard County is about $900,000; some might ask if the County lost this; but it is really too early to say that because those investments they are holding, they are trying  to  liquidate  those  at  par  and get 100 cents on the dollar; and if it works out, the money

 

REPORT, RE:  AGREEMENT WITH TAX COLLECTOR (CONTINUED)

 

that is also in there from investment earnings will also end up being distributed to those governments; but this will wind up being at a subsequent date as these securities get liquidated, so he wanted the Board to know about that portion.  He advised the County has investments elsewhere, so those funds will end up being distributed out to the departments based on their cash balances, so they will receive interest earnings for the month of November 2007; staff has been working with the Tax Collector; it has about $205 million at the SBA; as it currently stands, that has also been split between Fund A and Fund B; what they are currently trying to do is work with the Legislature about having all those funds freed up for all tax collectors so they can be distributed to the governments and they will not be subjected to the 14% being held in Fund B; and he is not sure if that is going to occur, however, according to the Tax Collector’s Office, it has until the end of December, because it is supposed to do four payments of the taxes for the first two months, which will be November and December of each year.  Mr. Burdett stated the Tax Collector has until the end of December of either getting the State Legislation to distribute those funds or they will end up being distributed through the State Board to all the respected governments accounts, which in that case, the money would come over to Brevard County’s account; he sent to County Attorney Scott Knox the law that he understood it; and the direction he wants to get from the Board is that if the Tax Collector does distribute those funds, the County is going to just accept them the way they distribute them.

 

County Attorney Scott Knox stated the Statute provides a certain schedule for distribution of the funds; the first four distributions end on December 31^st; after that, it is once a month they have to distribute; but the Statute also provides for the option of working out a different arrangement with the Tax Collector, if the Board chooses to do that and if the Tax Collector chooses to do that; and that option is something the Board can explore if it wants to.

 

County Manager Peggy Busacca stated she has spoken with Tax Collector Rod Northcutt; there was a meeting yesterday of the tax collectors; they met together as an association and spoke with their lobbyists, as well as the gentleman who has been put in as the Interim Director of this Fund; and the discussion was the fact that there is a statutory requirement to disburse these funds and that they feel that it should be permitted to disburse the funds out of the SBA, rather than to simply transfer from the Tax Collector’s account to Brevard County’s account.  She noted as long as it is in Brevard County’s account, that funds continue to remain inaccessible to the County; the tax collectors believe that they are getting some traction on the fact that this is a Statutory requirement and should be permitted; and she believes that as long as Brevard County continues to say it does not want its funds disbursed into the SBA account that it will continue to keep up pressure on the SBA to have to provide those funds to the County so that it can put them into other funds.  She stated she does not believe that today there is any advantage to having those funds disbursed to the County; there is still a lot of time between now and December 31, 2007 to make that decision; to make that decision now is really premature; and her concern is that the County does not know how those funds are going to be permitted to be disbursed. 

 

Commissioner Voltz inquired what is Mr. Burdett’s suggestion that the Board do.  Mr. Burdett responded the only option would be if the Board does not want the funds to be distributed and if the Tax Collector’s position is they have to distribute all the money that they have within the first four payments of the two months, then the Board may want to consider having an agreement with the Tax Collector.

REPORT, RE:  AGREEMENT WITH TAX COLLECTOR (CONTINUED)

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize Agreement with Tax Collector Rod Northcutt, directing the Tax Collector to refrain from depositing any additional

taxes into the Tax Collector’s State Board of Administration (SBA) account, and to, as quickly as possible, get the money out of the account and back into the County’s SunTrust account; direct that  such Agreement not be executed by the Chairman until it is approved by the Tax Collector, not sign the Agreement before December 31, 2007, or not sign such Agreement on December 31, 2007 if the County receives the disbursement from the Tax Collector to the County’s SunTrust account, not to the SBA account; approve sending a letter to the Tax Collector immediately, which  advises it is the Board’s intent that no disbursements go from the SBA fund

to the County’s SBA fund, as the Finance Department has already done that on behalf of the Board.  Motion carried and ordered unanimously.  (See page                    for Letter.)

 

 

Commissioner Bolin stated she is honored to be having this coming Friday at 4:00 p.m. the groundbreaking for the Pineda Extension.

 

 

Janis Walters stated she learned late yesterday that Commissioner Bolin was planning to make Advisory Board appointments today during reports; she has some concerns about her appointment to the Valkaria Airport Advisory Board; District 2 on the prior Advisory Board had the two appointments, neither of whom was familiar with local community issues; and requested Commissioner Bolin reconsider and choose a new person or at least appoint the one who has shown more willingness to engage in civil discourse to listen and to consider all points of view.  She stated she thought the purpose of Citizen Advisory Boards was to take public input and to try to consider what would be best for the County as a whole; that the purpose was to encourage citizen participation and public discourse on the matters at hand; she served on the Valkaria Airport Advisory Board with the proposed appointee; it was a rare moment when she was able to complete her remarks without interruption from this person; and she cannot tell the County Commission how often she had to appeal to the Chairman for order to be restored so that she could continue.  She noted she cannot tell the County Commission how many times this person has shouted over the discussion, “Call the question”, when obviously the matters required further consideration; she was on the VAAB when this person called the Airport Rules and the people who worked on them, “asinine”; it is on audiotape; and there is no concern for or interest in the issues and the problems that those rules were designed to address and alleviate. 

 

Ms. Walters stated throughout the Master Plan process, this person was an open advocate for full lighting of the Airport for night activities, despite the County Commission’s expressed direction  that  this  was inappropriate for Valkaria Airport; County government exists to serve its

citizens, but  when  those  citizens  volunteer  for  Advisory  Boards, they  take on the role of the

 

 

 

 

PUBLIC COMMENTS (CONTINUED)

 

County; their purpose should not be to serve themselves and their own interests and hobbies at the expense of others; and at the last VAAB meeting, its membership was six pilots, non local, and five non-aviation people, three local, one of whom was there for the first time.  She noted the VAAB has completely lost sight of the externalities concerned with Valkaria Airport, the most important of which is the surrounding community; she would hope that in making the new appointments that the Board would consider the externalities and not reappoint people whose history is one of shutting down and shouting out opinions that do not conform to one’s own preferences and prejudices; and requested the Board not reappoint either Russell Minton or Milo Zonka.

 

Curt Lorenc stated the handout provided to the Board comes directly from its Charter; basically, when the Commissioners took their oaths of offices they swore to uphold the Constitution and the Charter; this particular portion of the Charter talks about citizens appointees to the different Advisory Boards; and it talks about diversity, diversity of gender, experience, and to provide a balance of race, gender, and ethnic background.  He noted there have been very few ladies appointed to the Valkaria Airport Advisory Board; it has been almost all males and almost all pilots; in Brevard County, it is roughly one in 300 people as a pilot; and to appoint almost all pilots is not diversity, and he believes it is a local issue.  He stated the problems are local and people that understand the issues with the Airport are best from the local community; there are two appointees today; he is against both of the appointees; and he does not believe they have done a balance and fair job.  He noted the Chairman, Milo Zonka, was clearly out of control at the last meeting; he has videotape of it and would be happy to bring the tape before the Board; he tried to bring an issue before the Advisory Board for almost two years that there are people out in those hangars that have no leases; and eight out of 50 show proof of insurance.  He stated Milo Zonka was the problem; Mr. Zonka has conducted himself in a way that is not suitable for the Advisory Board; and requested the County Commission consider other persons besides Mr. Minton and Mr. Zonka.

 

Commissioner Voltz stated the Commissioners received her recommended appointees in an email.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint the following:

 

Paula Jaruse, Clara Mutter, and Denise Van Cleef to the Animal Enforcement Dangerous Dog Hearing Council; Mary Tsamoutales and Bobbie McMillan to the Arts in Public Places Advisory Committee; Lynn Parker Pearson and Carol Waters to the Brevard Commission on Aging; Cathy Bucklin, Lucille Howard, and Beverly Jones to the Brevard County Commission on Status of Women; Anita Cragg, Ed Fleis, and R. J. Durham to the Building and Construction Advisory Committee; Rufus Kite-Powell, Nena Galligan, and Ed Newell to the Central Brevard Library and Reference Center Advisory Board; Matthew Bronson to the Citizen Budget Review Committee; Gertrude Montgomery, Clara Smith, and Pamela Grove to the  Community  Action  Board; Reverend  Edward Buckner to the Community Development

APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS (CONTINUED)

Block Grant Advisory Board; John Nast, Ann Nicol, John Radencic, Charles Boudreaux, Pete Cario, and Todd Turner to the Contractor’s Licensing Board; Patricia Passalacqua, Kim Roberts, and Linda Wiggins to the Country Acres Advisory Board; Ronald Cobb and Larry Weber to the Economic Development Commission of the Space Coast; Mark Nathan, Eve Owens, Beverly Pineyard, and Paul Saia to the EELS Program Recreation and Education Advisory  Committee; Susan  Yonce  to the Employee Benefits Advisory Committee; Ralph

McCoig to the Environmentally Endangered Lands Procedure Committee; Cameron Donaldson to the Extension Advisory Council; Ned Kellar to the Health Facilities Authority; Anne Frame, Michael Newquist, Vera Zimmerman, Ada Parrish, Helen Stubbs, and Ed Vosatka to the Historical Commission; Hugh Normile to the Housing Finance Authority; Brian Laughlin and Milo Zonka to the Investment Committee; Lee Craig and John Bill Scott to the Library Board; Mike Cunningham, Finnbarr Murphy, Gary Hanlin, and Albert Pappas to the Marine Advisory Council; Gina Nater to the Medical Services Review Committee; Karen Greer, Lynn Normile, and Ann Sepri to the Melbourne Beach Public Library Advisory Board; Mike Cunningham, Clarence Mills, and Ayn Samuelson to the Metropolitan Planning Organization Citizens Advisory Committee; Keiron Jackman to the Palm Bay Regional Park Advisory Committee; Guilermo Capote, Jerry Jagrowski and Maryann Kise-Bowman to the Parks  and  Recreation  South  Service  Sector  Advisory  Board; M. Bonnie Will and Susan

Stehman to the Personnel Council; Ron McLellan and Henry Minneboo to the Planning and Zoning Board; Clarence Mills to the Public Golf Advisory Board; Joyce Bent, Marie Bergamini, Mike  Cunningham,  Frances  Salerno,  Loretta Surface, and George Theriault to the

South Mainland Library Advisory Board; Bob Ball, Mary Anne Beasley, Harry Chapman, Scott Hubel, Jerry Jagrowski, Judi John, R. L. Jones, Mark Leslie, Mike Malone, Chuck Manning, Audrey Nassen, Warren Price, E. Harrison Rhame, Herb Richter, and Nancy Sewell to the Suntree-Viera Parks Committee; Rochelle Kenyon,Terry Kotzen, Dot Lawless-Davis, and Donald Mandery to the Suntree/Viera Public Library Advisory Board; Milo Zonka and Dr. Russell F. Minton to the Valkaria Airport Advisory Board; Garrett Pomichter and Frank Kunze to the Veterans Memorial Park Advisory Board; Hal Rose to the West Melbourne Public Library Board; Ben Elliott, R. L. Jones, Karen Kilianck, Liz Lee, and Eleanor Munton to the Wickham Park Advisory Committee; and Michael Corcoran and Sally Busker to the Zoning Board of Adjustment.

 

Appoint Bobby Walker to the Public Golf Advisory Board; and Giles Malone to the Tourist Development Council. 

 

 

Commissioner Bolin stated Dr. Minton has represented her very well; she has been very pleased with his performance in the last year representing District 4; and she respects Dr. Minton’s understanding of how to run an Airport and his judgment, and the fact that he is not a yes man and is an independent thinker.

 

Commissioner Voltz stated Mr. Zonka has represented her very well also.

 

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

 

 

Natural Resources Management Director Ernie Brown stated today’s workshop will be to review Brevard County’s Beach Management Strategy and some acute issues; hopefully by the end of today the Board will be able to address those two issues, one of which is looking at the short-term erosion problems over Hurricane Noel and the Nor-easters that occurred last month and October 2007; and look at how to address a long-term sustainable solution for beach management within the South Beaches of Brevard County.  He advised staff has prepared a PowerPoint presentation, going over the entire Beach Management Strategy that Brevard County has taken on for several decades now; Brevard County has recognized that beaches are a significant contributor to the community, both economically and ecologically, not to mention the recreational aspects of it; and staff will go over what the County has done over the last several years with regards to beach management, and then try to tackle those two primary issues of how the Board wants to address the erosion damage that occurred the last several months, in particular the Mid Reach and the South Beaches, and how it wants to address a long-term sustainable Beach Management Strategy for the South Beaches, which is basically Melbourne Beach south, down to Sebastian Inlet.  He advised Dr. Kevin Baj is present today; he is the Senior Coastal Engineer from Olson and Associates; he has been working Beach Management in Brevard County for about 20 years; Patton Woodruff, with the Florida Department of Environmental Protection, is the Environmental Administrator for FDEP’s Bureau of Beaches and Coastal Systems, also a very strong partner with Brevard County, and they have been partnering with the County for many years as it relates to cost sharing and permitting of the many projects it has undertaken; and Mr. Woodruff is on the telephone for the workshop.

 

Mr. Brown advised for almost two decades, Brevard County has been very proactive in beach management; between 2003 and 2006, coastal counties as a whole have generated between 66% and 77% of the total State economy revenues; beaches are significantly important to Brevard County and Florida as a whole, both ecologically and economically; and between the years of 2000 and 2007, Brevard County has pumped more than $7 million cubic yards of sand onto approximately 33 miles of its beaches, and it was between eight projects.  He stated Brevard County locally has contributed to a little over $9 million to those projects; its State partners has contributed a little over $22 million; and Federal, between the Emergency Management Administration and the Army Corps of Engineers has contributed almost $50 million, for a total of $80 million that the County has put onto its beaches.  He advised Brevard County has taken a particular approach relative to beach management of nourishment and dune maintenance; Countrywide, even Internationally, beach management strategies vary, based on the type of beaches they have, whether they are developed, undeveloped, the degree of development, the nature of sand availability, and the economic situation; there are basically four different approaches to beach management:  (1)  do nothing; (2) managed retreat; (3) armoring; and (4) nourishment/dune maintenance. 

 

Mr. Brown advised Brevard County has a large portion of its beaches that are designated by FDEP as critically eroded; the critical erosion area extends essentially from Port Canaveral to about the Barrier Island Ecosystem Center down in the South Beaches; because of that, the County is eligible for State cost share through the DEP for assistance for beach management; but that also creates challenges when the County tries to address that as it does not get a lot of sand into its system; and it is losing sand on a regular basis.  He stated all of the projects have been in the critically eroded areas.

 

 

 

Dr. Kevin Baj, Olson and Associates, Inc., stated out of the 37 miles of critically-eroded shoreline, about 17 ½ miles of that are actively-managed in terms of federal projects, including the Sand Bypass activity, North Reach, South Reach, and the Mid Reach, which would bring a total of 25 out of 37 miles under active Federal Beach Management Projects; and any discussion of beach management in Brevard County has to focus on Canaveral Harbor and the Federal Navigation Project.  He advised of the Port Canaveral Inlet Management Plan, which was developed in 1992 and adopted formally in 1996; the Plan has many different elements to it; the objective of it is to eliminate the impact of the Federal Navigation Project upon the down drift beaches; and the most visual element of that is the Sand Bypass Project.  He stated the Project has been constructed three times to date; such projects will have bypassed a total of $2.9 million cubic yards of sand from the shoreline north of the Inlet to about two and one-half miles of shoreline to the south, replicating the natural movement of sand in the absence of the navigation project; that $2.9 million cubic yards is roughly equivalent to about 19 or 20 years worth of natural sand transport; and in addition of the sand bypass project, there are a lot of other elements to the Plan that are very important, including improvement to the Jetty, near shore disposal, and beach nourishment.  He advised all of these improvements at Port Canaveral are 100% federally funded; Port Canaveral, as the local sponsor, along with the State of Florida, have each contributed an additional $2 million each, more or less, in order to facilitate these projects, to permit them and to keep them moving along; the Independent Coastal Expert (ICE) Study includes the Federal Navigation Project Impact upon Brevard County’s Beaches; and such Study was completed in 2002. 

 

Dr. Baj stated the erosion impacts of the Port are demonstrated along ten to 15 miles of shoreline to the south; the Federal Navigation Project resulted in a 15 million cubic yard impact to Brevard’s Beach Systems, all of which was mitigated except six million cubic yards; the renourishment requirements for the North Reach Project were about six million cubic yards; and 100% of the cost of said Project should be federally funded.  He noted the North Reach of the Federal Shore Protection Project is 9.4 miles long; about 3.9 million cubic yards of sand have been placed to date; the Patrick Air Force Base Federal Shore Protection Project is 4.1 miles; and to date, about 920,000 cubic yards of sand have been placed to date.  He stated the South Reach of the Federal Shore Protection Project is 3.8 miles; and about 2.1 million cubic yards of sand have been placed to date.  He advised the Mid Reach section was deleted in 1996 just prior to authorization because of irreconcilable environmental impacts; the Corps’ General Reevaluation Report is nearing completion; the County has made significant progress with permitting; and mitigation will be required, for which the County has developed design acceptable to the FDEP. 

 

Mike McGarry, representing Natural Resources Management Office, stated the Mid Reach Shoreline Short-term Projects include the 2005 Emergency Berm; 307,300 cubic yards of sand were placed, averaging 7.5 cubic yards per foot; the total cost was $10.1 million; and initial funding for the overall projects was 18% from FEMA, 53% from the State, 20% from the TDC, and 9% from the General Fund.  He noted regarding the 2006 Emergency Berm Repair, Hurricane Wilma removed 41% of the berm volume; 127,500 cubic yards were replaced, with an average of 3.1 cubic yards of sand per foot; $4.2 million was the total expected cost; and the initial funding was 75% from FEMA, 12.5% from the State, and 12.5% from the General Fund.  He advised concerning the 2008 Emergency Berm Repair, Hurricane Noel and Nor-easters removed  31%  of  the  berm  volume; 95,600 cubic yards of sand are needed to replace losses;

FEDERAL PROJECTS (CONTINUED)

 

the total estimated cost is $3.1 million; and a $1.26 million FDEP grant is available and a $1.84 million local match is required.  He stated regarding the 2005 Emergency Berm, 252,200 cubic yards of sand were placed, averaging 5.3 cubic yards per foot; the total cost was $8.3 million; and the initial funding for the overall project was 18% from FEMA, 53% from the State, 20% from the TDC, and 9% from the General Fund. 

 

*County Attorney Scott Knox’s absence was noted at this time and Assistant County Attorney Barbara Ammans presence was noted.

 

Mr. McGarry advised the South Beaches Shoreline Short-term Projects regarding the 2006 Emergency Berm Repair, Hurricane Wilma removed 19% of the berm value; 47,100 cubic yards were replaced; $1.5 million was the total expected cost; and the initial funding was 75% from FEMA, 12.5% from the State, and 12.5% from the General Fund.  He stated concerning the 2008 Emergency Berm Repair, Hurricane Noel and Nor-easters removed 12% of the berm volume; 30,600 cubic yards of sand were needed to replace losses; the estimated total cost is $1.0 million; and a $500,000 FDEP grant is available, and a $500,000 local match is required.  He advised also as a result of the hurricanes, the Board requested staff move forward with an economic feasibility study of a potential long-term plan for the South Beaches.

 

Dr. Baj advised the study was principally looking at the economic impacts associated with those structures, which are along the South Beaches; their vulnerability to erosion and what the economic value was of the damages that may be associated with those structures relative to the economic costs of putting sands down to try to lessen the damage or hold in place; they look at the existing beach condition and model the affects of different storms, like a one-year event, five-year event, or 100-year event, and see how much erosion they might cause; and they look at that erosion relative to where a structure is on that existing piece of shoreline and also look to see what the long-term erosion rate is of that shoreline.  He stated the Beach Management Alternatives for the South Beaches that were reviewed mainly had to do with sand placement; the Study itself did not focus so much on the retreat option; the Alternatives include:  (1) no action; (2) managed retreat; (3) maintain the dune/bluff line with small-scale dune fill; (4) limited beach nourishment with dune fill elsewhere; and (5) beach nourishment along the entire shoreline.  He noted with Alternatives 1 and 2 regarding the South Beaches Shoreline, the oceanfront structures are at probable risk of being undermined; Alternative 3, Maintaining the Dune/Bluff Line, would include the placement of about four cubic yards per foot of dune fill sand, on average; and it is economically justified every three years along the critically-eroded shoreline, which is 11.5 miles. 

 

Dr. Baj advised Alternative 4, Limited Renourishment, two South Beach reaches exhibit the greatest net storm-damage reduction benefits from beach nourishment, within about zero to two miles south of the South Reach, and within about 4.5 to 6.7 miles south of the South Reach; the South Beach Management Alternatives Order-of-Magnitude Costs include Managed Retreat (Acquisition of Undermined Structures) amortized for 20 years at $1.5 million to $4 million per year (market valuation; Dune Fill every three years for 11.5 miles, with initial cost of $7.8 million and amortized for 20 years at $3.8 million per year; Beach Nourishment, extending the South Reach two miles, and dune fill elsewhere, with initial cost at $16 million, and amortized for 20 years at $5.2 million per year; Beach Nourishment, extending the South Reach two miles plus second-mile  Reach, and  dune fill elsewhere, with initial cost at $26.5 million, and amortized for

 

NON-FEDERAL PROJECTS (CONTINUED)

 

20 years at $7.2 million per year; Beach Nourishment, extending South Reach two miles and Managed Retreat elsewhere, with initial cost at $11 million plus retreat, and amortized for 20 years at $3.8 million to $6.3 million per year; and Beach Nourishment for the entire South Beaches, with initial cost at $62.5 million, and amortized for 20 years at $13.4 million per year.

 

 

 

The Board discussed global warming, nature of the waves, the loss of sand and erosion, average annual retreat of the bluff, 100-year storm event, Beach Nourishment Alternatives, the economics of storm damage reduction, acquisition costs in managed retreat, economic factors and options specific to long-term management of the South Beaches, grain size distribution, wave climate, shape and width of the continental shelf immediately seaward of the shoreline in question, Port Canaveral, Sebastian Inlet, Archie Carr National Wildlife Refuge, restoration and improvement of the Indian River Lagoon through water quality improvement, seagrass restoration, worm rock, coastal properties around the State, and the value of beach restoration.

 

Dr. Baj stated Brevard County is characterized by a medium tide range, but a very high wave energy climate; it has to be very aggressive in its beach nourishment programs because of this high wave energy; fortunately for Brevard County, it has a very good sand source; and all of the $7 million cubic yards of sand that Mr. Brown talked about, for the most part, has come from shoals offshore of Cape Canaveral. 

 

Mr. Brown stated funding options include the Tourism Development Council (TDC) sixth cent; the General Fund/Beachside Set-aside; the Municipal Service Benefit Unit (MSBU); the Municipal Service Taxing Unit (MSTU); the Beach and Shore Preservation District; and the Referendum. 

 

Chairman Scarborough inquired what do other counties do to address funding for beach management strategies across the State.

 

Patton Woodruff responded there are a variety of techniques that are used by local governments; some of them use the MSBU, the MSTU, and General Revenue; and he sees more popularity with the MSBU concept because it may more equitably distribute the costs of these projects to those who benefit the most from the projects.

 

 

The meeting recessed at 2:50 p.m. and reconvened at 3:10 p.m.

 

 

Jim Cowan stated he is impressed with County staff; without exception, they seem to know what they are talking about; they have answers and they are looking for solutions; and he appreciates it.  He noted it seems the County is reactionary and responding to a storm, which is what it is all about; and inquired is there such a thing as too much sand and could the County own an in-house sand sucker that does nothing but dedicate it 100% of the time to going up and down and putting it on sand, even when there is not a crisis.  He stated he was told that the more sand that is put in when there is a problem, the less sand the County has to put back in there; he would  like  to  hear  an  analysis  sometime  of the cost per cubic yard of sand trucked in versus

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

what is the cost with a sand sucker to put that in; he is all for privatization; and he would like to hear some talk about going in the sand sucker business. 

 

Virginia Barker, Natural Resources Management Director, advised trucking sand cost two to three times more than dredging sand; unfortunately, dredges are extremely expensive; in terms of how to maximize your bang for your buck and optimize project volumes to move at a time to reduce those costs per cubic yard, because the County’s wonderful sand source at Canaveral Inlet, it is so far, 20 to 30 miles from the South Beaches; the biggest dredge is needed to move that sand the most efficiently; and it cost $50 million to $80 million to construct a new dredge of that scale.  She stated the County, through the Army Corps of Engineers, bids the projects out and lets the market-driven process determine what the most efficient size equipment is for the job at hand to try to provide those maximum efficiencies.

 

Carl Kaiserman advised of the critical issue of dune erosion and maintaining the dune bluff line; and provided photographs to the Board after Hurricanes Frances and Jeanne.  He stated oceanfront homes were left with little or no dune protection; newer homes were more fortunate, having been built further behind the dunes; this year, offshore storms, Andrea in May and Noel in October, eroded the dunes right back to where they were before the replenishment program of March 2006; and time is of the essence.  He noted to delay dune restoration puts the replanted and existing protective growth at risk; the dunes will continue to erode to seek a more natural slope; so he took matters into his own hands and began to shovel sand from the beach up against his steep dune wall; and he has succeeded in re-supporting his dune wall, protecting plantings from further erosion.  He stated he has provided a trench in front of the dune that continues to collect sand at every high tide; and he has also improved the habitat that will better encourage turtle nesting in the upcoming season, which begins March 1, 2008.  He advised the homeowners need action now.

 

Mr. Brown advised on a large scale, that is what they term as beach scraping.

 

Mr. Woodruff stated he was involved in an experimental beach scraping activity after the Thanksgiving Day storm in 1985 in the City of Cocoa Beach; it has also been permitting in other areas of the State following a storm event; but you have to be very, very careful when dealing with beach scraping; and if there is a healthy system, there is some limited benefit.  He noted usually it is more of a feel-good thing for the property owner; but the problem is that usually the beach scraping is not properly performed; wave heights are based on water depth; so when one deepens the offshore profiles, scraping, and there is not recovery because there is not enough sand in the system to allow it to recover immediately, then it is deepening the offshore area and allowing wave energy to become closer.  He stated it is probably not the best thing to do in the big picture if there is not enough sand in the system; so anytime there is a sediment deficit, scraping can have an adverse impact on the properties that it fronts, and it can also have an adverse impact on the adjacent properties.

 

Mr. Brown stated beach scraping does have value as a beach management tool; unfortunately, in the 37 miles of critically-eroded beach system, there is not the volumes of sand that can be employed to bring back up; there is such a limit of sand that when trying to scrape it back up it actually creates a more detriment on a large scale; and it can create a larger wave form, creating greater erosion during a larger event, and creating downstream or upstream erosion.

 

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

Bill Higginson, representing Buccaneer Condo, stated Satellite Beach is a badly eroded area; his concern on the beach renourishment/dune renourishment is the time it has taken; the Corps of Engineers took the Mid Reach off of the table 12 years ago and the County is still talking about it; and he does not know how many more studies are needed to tell everyone that the beaches are eroding, the turtles do not have any place to nest; and at high tide no one can walk on half of the beaches in the Mid Reach area.  He noted perhaps the County needs to have the intervention of its federally-elected officials in Washington; there is always a stop gap; first it was the worm rocks and now it is a fish hatchery for fingerlings; and he does not know of any fish in this area that is in danger.  He stated property and property owners are in danger.

 

David Spain stated he owns and operates the Comfort Inn and Suites in Cocoa Beach; he has some perspective on the Tourism Development Council (TDC) and what the TDC has done over the years to help with beach renourishment; he was on the 1982 TDC and the 1984 TDC where it was unsuccessful in passing the tax, and on the 1986 TDC where it was successful; and one of the things that made it successful in that plan was that it devoted 35% of its dollars to beach renourishment and to the beach.  He noted it further put dollars into a lot of other areas so that the majority of the dollars collected were not going to the real “intended” purpose of promoting Brevard County; the hotel industry feels it has done its part; the TDC gave another 15% to the beach; and another penny was passed, and ended up giving more money to a zoo.  He stated the total collections of the TDC is probably approaching 50% that goes to non-promotional activities; it is in a bind on a Statewide basis trying to compete; it has TDC’s all over the State doing the same thing the County’s TDC tries to do; and a lot of the TDC’s have a lot more money because they do not do anything but promote; promotion is expensive, but it has a direct result in the ability for the economy to function properly along a larger beach county like Brevard County has.  Mr. Spain advised as a property owner, both home and business, and as a tourism person, he feels like the beaches, the tourism industry, are doing their part; they know it is a vital thing that has to be done and that is why they stepped up long ago; and requested the Board look at the whole picture and do not look at one little area.  He stated if the County is going to be fair about how it funds this, it needs to be done based upon the whole County, not just one little section of the County.

 

Bob Baugher stated he has been in the tourist business for 40 years out of Cocoa Beach; he has also been involved with different beach nourishment programs with Mr. Patton Woodruff; he was a member of the group that sued the federal government and helped get the funding for Brevard County; and tourism has benefited the County and the State.  He suggested the Board analyze the tax dollars; stated this is a political issue; it is a no-win situation; and requested the County analyze the tax dollars that are being collected and where they are being used.  He advised tourism pays its way; requested Brevard County look at the benefits and how the Barrier Islands are producing the revenue for the County, and come up with a system that is fair for every where; and advised the State, Brevard County, and everybody benefits on tourism.  He suggested a study be conducted to look at this in a fair way, who is paying the taxes, and where the taxes are being spent.

 

 

 

 

 

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

Tuck Ferrell provided pictures to the Board of Sebastian Inlet and the erosion that has taken place; stated there is usually erosion south of the Inlet; there are inlets blocking the sand starting in Georgia; and it is a big system, but the sand shifts south usually.  He noted the inlets affect all of Brevard County; but they are important, both economically and recreationally; Brevard County is the Space Coast rather than the no coast; and he applauds the County’s work to try to do something and help find some solutions to save the beach because the beach is important to the environment, and to the people that live there.  He stated everyone is in this together; it is environmental property everyone is trying to protect; they should not lose the treasure that they bought; the federal government owns some of that land, and the State of Florida; and they should be a partner.  He noted there is turtle nesting, shore birds, and protecting the slopes of the dune, which is very important; and other issues are the fisheries and the rock shelf.

 

Jim Murphy stated there is definitely an issue and everyone is aware of that; people point their fingers toward FEMA, federal reserve properties, and Patrick Air Force Base, which is owned by the federal government; the federal government is us and they are the local folks that are represented here today; and they own those properties down there that the County purchased, the federal government purchased, and the State purchased.  He noted they have an obligation to be good stewards of that, regardless of whether they have a structure on it or not; he realizes this is a tremendous and enormous burden financially and scientifically to do it right; there needs to be a short-term fix; and action needs to take place now.  He requested the County come up with something that will help everyone immediately.

 

Susan Valentine stated the residents are looking for fairness for the whole of Brevard County; they understand the financial problems; they ask for consideration of doing something soon;  they want a long-term project and also need something short-term; and she has lost another foot of her dune just because of the sand trickling down every day.

 

Commissioner Voltz stated Mr. Spain indicated that 50% of the monies are spent on non-promotional items. 

 

Tourism Development Director Rob Varley responded it is a little over that; and of the five cents the County collects for the resort tax, 43% goes to promotion.

 

Commissioner Voltz inquired does Mr. Varley think another penny would seriously affect business; with Mr. Varley responding he does not know.  Mr. Varley stated the Board may need to ask the County Attorney’s Office if the County could go to six cents.

 

Assistant County Attorney Barbara Ammans responded it would have to be through the State Legislature; there is a six-cent available right now, but not to Brevard County; it is for high tourism counties; and Brevard County does not meet that definition, so it would have to be a Legislation change for pennies for beach renourishment.

 

Commissioner Nelson inquired what does a penny generate; with Mr. Varley responding about $1.4 million.  Commissioner Nelson inquired currently how much of the TDC dollars go to beach renourishment; with Mr. Varley responding about 25%. 

 

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

Heather Sutton, representing Sandy Shoes Motel, inquired how can she get the Commissioners to come to the beaches; stated they need to see this first hand and not just see a picture; the Commissioners need to walk up and down the beach so they understand what the residents are up against; and the Motel received permits and sand will be placed there on Monday.  She inquired what happens if there is a hurricane next year.

 

Demi Morekas stated she lives in the South Beaches; PAFB has its own beach renourishment; and inquired could Brevard County rent PAFB’s equipment or ask it to help the County.

 

Ms. Barker stated PAFB has its own funding, but does not have its equipment; it hires the same contractors that Brevard County gets bids from and have used; so PAFB is not doing anything the County is not doing.

 

Dr. Duane DeFreese, Hubb Sea World Research Institute, stated the State of Florida has a long track record of success with Preservation 2000 and then followed by Florida Forever; there is a lot of momentum right now in beginning to look at a Statewide level at what that next third generation project might be with the new Governor; and suggested the Board might want to take a leadership position in making sure that whatever moves forward for conservation also becomes something that Brevard County can do for waterfronts and beaches, perhaps a fully-integrated much more expansive use of that kind of referendum dollar and bond dollar in the State of Florida; it does not satisfy the short-term immediate needs for sand; but over the long-term, there can be a 10-year bonding program at the State of Florida because these beaches contribute value to the entire State; it is Federal, State, and local are bearing their responsibilities; and the moment is very opportunistic for Brevard County to take that to Tallahassee.  Dr. DeFreese stated this is a challenge that is long-term, very difficult and complex; Brevard County leads the State of Florida right now in not only coastal management, but in addressing some of these complex issues; he lives on the South Beaches, so he sees it every day as well; and the driving engine for Florida’s economy is coastal and ocean resources.  He advised of a quote from an economist, “Economists know the price of everything and the value of nothing”; what Brevard County’s challenge is going to be in the suite of options is to find where the options can be applied where they are most useful where the County can continue to contribute value to human beings, property rights, the economy, and the environment; Brevard County has the staff and they are the best in the business; and people in the State are as good as anybody in the Nation, but it will not be easy to craft that strategy and implement it over the course of time because it always comes down to dollars.  He noted he believes the County is going to need to leverage State and Federal monies; so much of Preservation 2000 has been coastal lands; and the public, environment, and economy are all being looked at simultaneously in a Conservation Land Program that benefits everybody on the front end.

 

*Assistant County Attorney Barbara Ammans absence was noted at this time, and County Attorney Scott Knox’s presence was noted.

 

Discussion ensued concerning funding scenarios, hoteliers, beach erosion, matching funds, tourist    tax,    MSBU,   MSTU,   property    owners,    sales   tax,  General   Fund,   Community

 

 

 

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

Redevelopment Agencies (CRA’s), beachside set aside, North Reach, South Reach, future Mid Reach project; Army Corps of Engineers, Beach and Shore Preservation District, Florida Inland Navigation District (FIND), debt service millage, voted millages, ad valorem tax, Florida Legislature, and Commercial Paper Program.

 

Commissioner Bolin stated she asked the County Attorney how difficult it would be to have a Special District; and Attorney Knox replied that an independent special district established to levy a tax for sand enhancing would require the Legislature to enact a law, subject to approval by referendum, and this Special Act would have to be added to the Board’s Legislative Package.

 

Chairman Scarborough stated if the Legislative Delegation is at all interested, it is easier for the County to craft this for them, and let them put it together; and the people who are being taxed are going to be able to have people from that area representing them in how this thing works and determining these issues, rather than the Board, which is occupied with a thousand other issues.

 

Commissioner Nelson inquired what is the public benefit to the Mainland; stated he understands the concerns of those who live out there; and the question is, is there adequate public access.

 

Ms. Busacca stated S.R. A1A is a significant resource for everyone, not just the people who live on the beach; there are significant resources on the Barrier Island that everyone likes to use that are protected by the beach, not just the individual homes; and there are sewer and water lines out there.

 

Commissioner Nelson stated that is basically from Melbourne Beach north; it is an area that is relatively, compared to the rest of the beaches, not as heavily developed, a lot of public ownership of land; yes, they are great resources; and the question is are there enough voters who can have that kind of altruistic look at it.

 

Chairman Scarborough stated he would prefer to have a separate legal entity out there created by the Legislature, with some capacity to get in that directly with the community; the taxing issue then becomes theirs and how they put it together; the Legislature is going to decide who is in and who is out; and the MSBU is only a one-time, but the MSTU is a possibility and the Captiva Island-type District. 

 

Mr. Burdett stated MSTU’s can be created by ordinance in the unincorporated areas only.  Attorney Knox advised it is the unincorporated area, unless the County has the consent of the cities.  Mr. Burdett stated as far as MSBU’s, the ones that would be assessed are generally those that benefit from it; the County’s Solid Waste Disposal is an actual MSBU; it is Countywide and it is based on the properties benefit from having the waste picked up as opposed to disposed anywhere; and if the enabling action could come out with a benefit to the property, it has to be a benefit to the property.

 

Chairman Scarborough requested Mr. McGarry provide information to the Board on Captiva Island’s Special District.

 

 

DISCUSSION AND BOARD DIRECTION (CONTINUED)

 

Chairman Scarborough stated the Board needs to know if it goes to the Preservation District, how that plays into what the Legislature is doing with the County’s aggregate millage; and staff needs to do some preliminary discovery on an Independent Taxing District because it would be totally outside and it gives people their own authority to handle it their own way.  Attorney Knox advised he can draft something.

 

Mr. Brown stated for clarification, the Board has asked staff to bring back some more clarification on the preservation districts; and Attorney Knox to draft up a special act.

 

Chairman Scarborough stated Assistant County Manager Stockton Whitten can report back to the Board on how will the Department of Revenue treat it with the County’s aggregate millage.

 

Commissioner Nelson stated the County focused on the South Beaches; and inquired what about the Mid Reach, and is the County talking about a special district.  Chairman Scarborough responded if it is a special district, it goes into the incorporated; if there is something that the Legislature creates, that is the nice thing about it, it does go there; and if the County is creating it then it has to get all these deals with the cities.

 

Commissioner Voltz stated she is looking at short-term solutions right now because that is what people sitting out here have waited for all day, including what the County could potentially do.

Natural Resources Management Director Ernie Brown stated the short-term solution, which is so deeply embedded in the long-term issues focus particularly on the Mid Reach and the South Beaches engineered berm system that the County built in 2005 and restored in 2006, which was 100% reimbursed by FEMA because the County had demonstrated its maintenance of that berm system; Brevard County is back to that issue; it has experienced damage to that engineered system to the tune of $4.1 million, collectively between the two systems, the Mid Reach and the South Beaches; and the question before the Board today is what is it going to do.  He advised the County has the availability of State match of $500,000 for the South Beaches and $1.2 million for the Mid Reach to offset the County’s costs associated with those expenses; and the remaining portion, which is $2.3 million, the only option staff was able to bring forward to the Board was General Fund Reserve as a funding source.

 

County Manager Peggy Busacca stated currently the County has in the Operating Reserves $15.6 million, and in the Capital Reserves $5.4 million.

 

Chairman Scarborough noted the Board will take a recess as Space Coast Government Television needs to change the tape.

 

 

The meeting recessed at 5:15 p.m. and reconvened at 5:20 p.m.

 

 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize the Chairman to execute two Contract Amendments for State Grants 05BE1 and 07BE1 between Brevard County and the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, with Contract approval by the County Attorney’s Office and Risk Management; and authorize $2,343,570 from Capital Reserves for the Project.

 

 

Commissioner Nelson stated for the public’s benefit, the County has been talking Mid Reach, but it has not defined what that is; and the Mid Reach runs from Satellite Beach to Indialantic.

 

Mr. Brown advised the Mid Reach is 7.8 miles long; the County’s share will be $1.8 million; and it is going to get an additional $2.25 million. 

 

Commissioner Nelson advised the South Reach is $500,000; the County does not get quite as much money back, but it still gets money back; he wants to separate the two; the County has talked a lot about the South Beach; but there is a big chunk of the Central part; and there is a lot of residential, condominiums, and heavily developed properties.

 

Chairman Scarborough called for a vote on the motion.  Motion carried and ordered; Commissioner Scarborough voted nay.  (See pages                            for Amendments 1 and 6.)

 

 

 

 

Upon motion and vote, the meeting adjourned at 5:30 p.m.

 

 

 

 

ATTEST:

                                                                       __________________________________

                                                                       TRUMAN SCARBOROUGH, CHAIRMAN

                                                                       BOARD OF COUNTY COMMISSIONERS

                                                                       BREVARD COUNTY, FLORIDA

                                   

_____________________

SCOTT ELLIS, CLERK

 

 

 

            (S E A L)