MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 16, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 16, 2008 at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Peggy Busacca, and County Attorney Scott Knox.  

 

 

The Invocation was given by Pastor Jim Page, Freedom Outpost Ministries, Melbourne, Florida.

 

Chairman Chuck Nelson led the assembly in the Pledge of Allegiance. 

 

 

Santa Claus stated he has been visiting the Board for 18 years; and he would like to thank the Board for the opportunity.  He stated while this time of year is for celebration and to enjoy the company of family and friends, it is important this year to keep in thought the people who are struggling and those missing a loved one; and the troops overseas deserve respect and gratitude for service to the country. 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the September 16, 2008 Special Meeting Minutes.  Motion carried and ordered unanimously.

 

 

 

The Board recognized and presented plaques for Wallace L. Gerstle, Herbert L. Wilson, Randy E. Thompson, and William F. Quinn for 30 years of service and to Trina Judson, Edward W. Cantwell, Roger J. Crysler, Jay S. McCarthy, Mark A. Lighthill, Michael L. Lawrence. Robert L. Thirkelson, Ronald D. Johnson, and Sharon L. Davis for 25 years of service. County Manager Peggy Busacca advised Sharon L. Davis, Ronald D. Johnson, Herbert Wilson, Randy Thompson, and William Quinn are present.  She stated Sharon L. Davis has been working with the County for 25 years; she started in 1983 in the Parks and Recreation Department as an Accounting Clerk; in December of 1995 she joined the Information Technology Network Telecommunications Systems Team; and has been a vital employee working along with telecommunications as an Accounting Technician processing work orders for all the County departments.  She stated Ms. Davis has wonderful working rapport with all the County departments  and  agencies;  her  willingness  to go out of her way to help others with telephone

 

problems shows from the many appreciation letters and the Excellence in Action Awards received from other departments. 

 

Ms. Busacca advised Ronald D. Johnson began his career as an Emergency Medical Technician with Brevard County EMS in March, 1978; shortly afterward, Mr. Johnson attained his certification as a State of Florida Paramedic; stated he served as the Department’s EMS Training Officer and Quality Assurance Officer; and later in his career, Mr. Johnson became and Emergency Vehicle Dispatcher and performed duties as an acting Dispatch Supervisor.  She stated after many years of dedicated service, Mr. Johnson is planning to retire in March, 2009.

 

Ms. Busacca advised prior to coming to the County, Herbert L. Wilson was a produce seller; stated he was hired June 5, 1978 under the Jobs Training Program with the Road and Bridge Department as a maintenance worker; and his primary job was to drive a tractor mowing the grass along the County right-of-ways.  She stated Herbert was picked up as a regular employee on September 2, 1978, and promoted to Auxiliary Equipment Operator in 1981 due to his ability to run other pieces of equipment other than just a tractor; and because of his willingness to assist the Central Equipment Pool Mechanic with maintenance on the equipment he was driving, he was promoted to Auto Mechanic, then transferred to Fleet Services; and his was converted to Heavy Equipment Mechanic and was reclassified as Mechanic II in 1997.  She stated Herbert maintains all the tractors for Parks and Recreation and Utility Services Department, as well as working on all other vehicles and equipment assigned to him for repair; and in his 30-plus years with Brevard County, Herbert has received several letters of commendation for going above and beyond his normal work duties. 

 

Ms. Busacca stated Randy E. Thompson began his career with Brevard County EMS as an Emergency Medical Technician in 1978; in 1982, Randy became a Paramedic and in 1983 received his State Firefighter Certification; and in 1984, when the County EMS and Fire Departments consolidated, Randy became one of the Department’s first Lieutenant Paramedics.  She stated Randy progressed through the ranks through several well-deserved promotions; and he served as the Department’s EMS Coordinator, EMS Capitan, and is now serving as a District Chief in the north end of the County.  She noted Randy has been involved in several firsts for the Department, such as the first medical standing orders for paramedics, the Department’s initial rules and regulations, and the first set of standard operating procedures; and stated Randy’s contributions over his 30 years have been greatly appreciated and his efforts have been instrumental in the Department’s current success.

 

Ms. Busacca stated Bill Quinn began his career with Brevard County in 1978 in the Department of Public Safety as a Traffic Records Program Analyst; stated Bill’s work at that time was to identify high traffic hazard areas throughout the County with the goal of reducing traffic deaths and injuries; in 1980, Bill accepted the position of the E-911 Coordinator and was involved with the database for the enhanced 911 system that was implemented in 1982; and while working in Emergency Management, Bill was instrumental in the development of several emergency plans. 

 

She stated in 1993, Bill transferred to SCAT as an Accountant; in 2005, moved to Fire Rescue, where currently he is the Department’s Grants Administrator; and she expressed appreciation to Bill for 30 years of service.

 

  

 

Chairman Nelson read aloud a resolution proclaiming December 21, 2008 as National Homeless Persons’ Memorial Day in Brevard County.

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to adopt Resolution proclaiming National Homeless Persons’ Memorial Day on Sunday, December 21, 2008 in Brevard County.  Motion carried and ordered unanimously. 

 

 

Pastor Steve Gross stated his group will continue to feed the homeless and visit homeless camps and minister as much as possible; and he expressed appreciation to the Board for recognizing the homeless plight, as it is much worse than most people know or understand.

 

 

 

Commissioner Bolin read aloud a resolution recognizing Ada Parrish.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Ada Parrish for her exceptional contributions to the research and preservation of history in Brevard County.  Motion carried and ordered unanimously. 

 

 

Steve Benn, Historical Commission, stated one of the nice things about the Historical Commission is quality people such as Ada Parrish; when a question comes up about history or a research item, he does not have to go to the files, he just has to call Ada, and she knows the answer; and the Historical Commission is going to miss her.

 

 

 

Commissioner Bolin read aloud a resolution recognizing David Spain.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution recognizing David Spain for his exceptional public service and volunteerism in Brevard County.  Motion carried and ordered unanimously. 

 

 

David Spain expressed appreciation to the Board; stated over the years he has been privileged to work with the Defense Intelligence Agency, the Joint Military Attaché School, and the fine Americans who are putting themselves in harms way; and often times, those attaches are the only  American  representatives  that  the people in those countries ever see or know.   He stated there is a big burden on their shoulders, but at the same time they have a job to do, and they are in harms way; several of them have been killed over the years; stated it is a dangerous job, and they are great Americans that do it; and having the opportunity to work with them has been his privilege. 

 

 

 

Charles Parker stated he is the Executive Director of Connected by 25 Brevard, which is a new non-profit project currently funded by the Eckerd Family Foundation and local donations.  He stated the project has a two-fold purpose; first, the project enhances services for young adults that are aging out of foster care; and second, it provides life-skills training and opportunities for youth still in foster care in Brevard County.  He stated presently in Brevard County there are approximately 103 young people between the ages of 13 to 17 that are in licensed foster care; demographically, the split is 65 percent in South County, and 35 percent in Central and North County; and there are 159 aged-out foster youths between the ages of 18 to 23, which are split 50/50.  He stated in Brevard County has approximately 30 young people age out of foster care each year; most young adults in foster care turn 18 without a high school diploma, drivers license, job, safe, stable place to live, and without a bank account; and it is the mission of Connected by 25 Brevard that these young people be educated, employed, housed, banked, and with transportation by the time they turn 25 years old.  He stated though he has lived in Brevard County for 30 years, he has worked in the tourism business, aerospace business, has served as Clergy, and taught in the public school system; and he has been full-time with Connected by 25 for only nine months; but in that time, the project has birthed many great community collaborations.  He stated United Way of Brevard helped assemble an active community partnership board, which is representation for many entities in the County, including Brevard County Housing and Human Services, LEAD Brevard, the Community Credit Union, Brevard Public Schools, Florida Tech, Brevard Workforce Development Board, the Junior League of South Brevard, Emerging Leaders, and the Brevard Cultural Alliance.  He stated he works everyday with DCF, Community Based Care Brevard, Guarding Ad Litems, the New Independent Living Services Provider, and Crosswinds Youth Services; and Connected by 25 Brevard is developing a co-location model with Crosswinds, partnering with offices in both Central and South County to serve the young people in foster care.  He stated Connected by 25 Brevard has a great relationship with Children’s Home Society in Devereux, in intervention services; stated Connected by 25 Brevard will be partnering with Children’s Home Society on the Tracy Bagwell Foundation event in June; and he hopes everyone will join in the event.  He advised Connected by 25 Brevard has provided a grant to Brevard Public Schools to hire a guidance counselor for the next two years; the guidance counselor will be dedicated solely to students in foster care; stated Connected by 25 Brevard is also working on educational relationships with Florida Tech, Brevard Community College and the University of Central Florida in Cocoa; and Sheriff Parker has shown his support.  He advised Connected by 25 Brevard is about establishing public private partnerships to provide opportunities for young people; training is being set up for the young adults in foster care and those that are aging out, on financial literacy, how to purchase a car, how to purchase or lease a home, how to start a business, how to wade through the healthcare system, and how to invest for their future; and those  are  life lessons  that many  young people do not receive in foster care, that he hopes will guide them to success.  He presented a video to the Board and to the audience.  Mr. Paker noted Connected by 25 Brevard is only one of two in the State of Florida, with the other one being in Hillsborough County; and he looks forward to working with the Board in the future. 

 

Chairman Nelson stated people lose track that there are children in the society that are taken care of to a point, then they are pushed out the door; and they are not prepared for what comes next.

 

Commissioner Infantini stated three years ago she started a non-profit organization to do just what Mr. Parker is doing; stated she did some research on grant funding; and it was overwhelming, so she let it go.  She stated she has four children ages 18 to 25; she started to realize how much input she still has in their lives; and she began to realize there are many young people out there that do not have two parents, let alone one parent.  She stated any support she can provide Mr. Parker, she will; and she had wanted to purchase an apartment unit just for at-risk youth in Brevard County.  Mr. Parker stated he will contact Commissioner Infaniti’s office. 

 

 

 

Commissioner Fisher stated he would like to report on his, and Commissioner Bolin’s, trip to Washington, D.C.; there was a meeting with the FAA Office of Commercial Space; the area of discussion was the role of commercial space and the potential on the Space Coast market; they were also educated on what states are getting into the launch business of commercial space; and they were given some advice on how to be competitive and also how to make sure Brevard County takes advantage of every opportunity the commercial space market will give it in the future.  He stated he and Commissioner Bolin met with Robert Walker, the Board’s Space Consultant; they discussed the next generation of air traffic control, and how Brevard County is going to benefit from that; and Mr. Walker also enlightened them on the International Space Station and the impact of the Space Station by 2016, and funding for it.  He stated there have been some issues with the Obama transition team and whether they were getting help from the current NASA Administration; stated Mr. Walker helped him and Commissioner Bolin get set up for the NASA transition team; and when they had a conversation with them, it was interesting to know that Lori Garver, who leads the transition team, was very interested in the Board’s position.  He stated they came out of that meeting being able to set a position on what they think is best for Brevard County in the future; and it was a very good, informative meeting. 

 

Commissioner Bolin advised it was a very good meeting; the point she wants to make to everyone is that Brevard County is identified as a solid input source for what is going to be done; and so Brevard County is making a difference and is being listened to. 

 

Chairman Nelson stated when talking about next generation air traffic control, it is not a better way of tracking commercial airlines, it includes space traffic; that is a huge deal because there are going to be multiple launch locations throughout the country; and they are going to have to be coordinated in addition to airline traffic.

 

Commissioner Bolin stated with the Board today are several members of the Brevard Symphony Orchestra, who have been performing this season; and she would like to have Fran DeLay come forward, who has been the Executive Director since 1993; and under her capable leadership, the symphony has expanded programs and outreach and continue to provide exceptional artistic excellence.  She noted last year, the symphony served 26,000 music lovers ranging from Brevard’s fifth grade students, to the most loyal seasoned subscribers.

 

Fran DeLay stated she has one of the best jobs because she has accompaniment; the Brevard Symphony Orchestra has been in existence for 55 years; and it is their pleasure to be here this morning.  She stated man’s existence is defined by his culture and by the arts; and in times of trouble and severe stress, people turn to what comforts them.  She introduced the symphony to the Board.

 

 

 

Commissioner Anderson advised his office is going to have a Christmas Open House on December 19, 2008 from 5:00 p.m. to 7:00 p.m., and he encourages everyone to visit.

 

 

 

Commissioner Anderson stated he was approached a couple of weeks ago about an opportunity for bank-owned homes, which are being neglected; once a bank takes over a home, it forgets about the maintenance and the neighbors have to suffer the consequences with the health and safety ramifications; and there is an opportunity for bank-owned homes to be maintained without any cost to the taxpayer, which for him is always a plus.  He requested Assistant County Manager Mel Scott give the Board more detail on the issue.

 

Mr. Scott stated what is being seen throughout communities is something that most people have not seen before with the foreclosure rates that are occurring; the County has been approached by a private sector interest that would, at their risk, go out and identify these homes that are in various states of disrepair as a result of foreclosure proceedings and take care of and maintain those properties; and at first glance it appears to be a good collaborative opportunity between government and the private sector.  He stated with the Board’s blessing, staff will continue to pursue the idea, drill down to the details, and come back with some kind of a contract or agreement that is acceptable to the private sector interest and to the Board; and there are some details to overcome, but the concept is one that is being embraced right now.

 

Chairman Nelson inquired if the Board is going to focus solely on bank foreclosures; that is the question because there are other problem areas in the County; instead of a house being in foreclosure, the property owners may not be taking care of it for some other reason; and it will be difficult to explain to the neighborhood what the difference was.  He stated he would like staff to address both of the issues in the report because if a specific segment is segregated, there might be a worse criticism that should have been dealt with. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to authorize staff to prepare a report for the Board regarding contracting with a private sector interest to maintain lawns of bank-owned properties in foreclosure, or other properties that are not being maintained by the property owner.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated she would like the Board to look into the market value of what it would cost to mow a lawn because her original concern is that if the Board is going to be taking over lawn care at a price of $200 or $250 per mow, that is a little steep; and she is not comfortable with that.  She stated even if it is free, it is too much; stated somebody is ultimately going to have to pay it; and she would like to make sure the price comes back that the offering price is more in line with the market value of what it would cost to mow somebody’s lawn.

 

Mr. Scott advised, certainly; staff is going to present to the Board something that the private sector interest sees is going to make their numbers work; and if it is ultimately not acceptable to the Board when the numbers are crunched, it will have that decision in front of it. 

 

 

 

Chairman Nelson stated he and Bill Ross go back a long time; and he is going to be leaving the County.  He stated he worked together with Bill in Pasco County in 1972; together they built the park system in Pasco County; and when he came to Brevard County, it was getting into the business of building parks, and he convinced Bill to come over.  He stated it has been a pleasure to have Bill as an employee in Brevard County; stated parks are unique because they do not fit into any category; and often they get reviewed as commercial projects, so it is difficult to explain why a park is being buffered from a neighborhood since parks are buffers.  He stated it has been a sincere pleasure to have had Bill with the County and to have worked with him; and he appreciates his 21 years of service. 

 

Bill Ross expressed appreciation to the Board for the recognition; and he appreciates the privilege to have worked for the Board and being able to see parks develop for Brevard County. 

 

 

 

Chairman Nelson stated there have been a series of articles in the newspaper recently about flooding; the County continues to work on the flooding issues; and as the Board is aware, there is a report due in January on what the issues were and what the County is facing.  He stated he had an opportunity on Friday to take a tour with Maurice Sterling of St. Johns River Water Management District, on an airboat all the way from Indian River County to Lake Washington; it was a great experience; and Commissioner Anderson would benefit from the tour because a lot of the flooding is in his District.  He stated St. Johns River Water Management District is in the flood control business, and it learned some lessons in the last experience; one was that the Platt Ranch had significant flooding because it was one side of the system; the Kemper Ranch was on the other side of the system; and they both impacted the developed areas of the County.  He  stated  the tour was an opportunity to  see what  projects  the  SJRWMD have  underway  to mitigate the flooding issues; and it is also looking at some of the timing of the opening of locks and those types of things that could have helped.  Chairman Nelson stated it is worthwhile to take the tour to see how much is being done for flood control related to the St. Johns River; and he would encourage the other Commissioners to take the tour. 

 

 

 

Chairman Nelson stated he had a chance to speak to Mr. Lorenc about Item VII.E.7.; and he would like to not hear the item today; but he would like to work with staff to get some answers to some of the questions that Mr. Lorenc has raised.  He stated if there are some inconsistencies with the direction the Board has given, it needs to address those; and he will address those with the County Manager and staff.  He advised he would like to withdraw Item VII.E.7. from the Agenda.

 

 

The Board recessed at 10:12 a.m. and reconvened at 10:27 a.m.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve modifications and continuation of Board Policy BCC-85, Gopher Tortoise and Endangered Species Relocation.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to grant permission to continue the abatement of code violations regarding the Champ and Nellie Waring property located at 1651 N. Highway 1, Titusville, for a period of an additional three (3) months to allow Code Enforcement an opportunity to work with the Warings to bring them into compliance with the codes.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the final plat for Lake Andrew Drive Extension, Phase 2, 08SD-00717; and authorize the Chairman to sign the final plat in accordance with Section 62-2841, (18)(e).  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution to sunset the District 2 Canal Dredging Committee.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and execute Interlocal Agreement and County Deed transferring all Brevard County interest in various roads, drainage systems, street lights, and other allied uses within the right-of-way, along with any existing associated permits, for recently annexed areas to the City of Cocoa in Districts 1 and 2.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the License Agreement with the Florida East Coast Railway (FEC), for the Pineda Causeway Realignment project; authorize the Chairman to execute the Agreement; allocate the annual license fee of $9,000.00 from the Local Option Gas Tax Reserves; and authorize the Chairman to execute all Budget Change Requests necessary for this action.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Chairman to execute the Certification of the Staff Services Agreement with the Brevard Metropolitan Planning Organization, extending the Agreement through December 31, 2009.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Agreement with North Brevard Charities Sharing Center, Inc.; and authorize the Chairman to execute subsequent amendments, contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Agreement with Specialized Treatment Education and Prevention Services, Inc. (S.T.E.P.S.), retroactive to October 1, 2008, in an amount not to exceed $198,117; and authorize the Chairman to execute future renewals to the Agreement, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve naming the genealogy area at the Titusville Public Library in memory of Nancy C. Sieck, according to Policy BCC-58, Naming of County Facilities, Section III.B.3.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and accept Conservation Easement in favor of St. Johns River Water Management District for mitigation projects on Henderson North Drive Industrial Plaza.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and accept Conservation Easement in favor of St. Johns River Water Management District for mitigation property donation for Serene Harbor.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to appoint Mike Nowlin to the Wickham Park Advisory Committee, with term ending November 30, 2012.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Chairman to sign the Fiscal Year 2009 Certifications and Assurances for Federal Transit Administration Grants.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the advertisement, acceptance, and negotiation of proposal from qualified firms for the provision of vehicle fleet maintenance and repair management service for Space Coast Area Transit (SCAT); and appoint a Selection Committee consisting of the Transit Services Director, Fire Rescue Fleet Manager, SCAT Manager of Operations, School District Transportation Department Representative, SCAT Operations Manager, and Purchasing Manager or designee as a non-voting member.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Grant Application and Standard Assurances, and adopted Resolution for submittal of a Job Access Reverse Commute Grant with the Florida Department of Transportation for evening and weekend bus service in Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt the Special Magistrate’s recommendation to reduce the accrued fine for Case #04-1648 from $8,400 to the reduced sum of $4,200, and to direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the public sale of County-owned equipment declared surplus and uneconomical to repair by the custodian; and grant permission for staff to accept the high bid received, or in the event the bids received are below the staff’s determined value, using their experience from previous sales, to reject all bids received and re-advertise for bids.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the new review date for County Policy BCC-55, Public Meeting at Brevard County Government Center.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution to apply for the annual State EMS County Grant, and approve necessary budget amendments.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the purchase of three replacement brush trucks in the amount of $130,095, as the brush trucks to be replaced have an average age of 30 years; and further advised the purchase will be made from the State of Florida Sheriff’s Association bid and will allow the Department to replace less cost effective units with units that better meet the Department’s needs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Office of Human Resources/Employee Benefits to develop, issue, and conduct an RFP to select a vendor to provide an internet-based, on-line enrollment system for the County’s Group Health Insurance Program; and further advised the RFP will explore all aspects of an automated enrollment process, including annual open enrollment and website access to the complete employee benefit program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve renewal of Stop Loss Insurance with Symetra Financial for the group health program; and authorize the Insurance Director to execute all documents necessary to bind this coverage.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the distribution of $8,527.38 and $9,085.70 of State Forfeiture Funds to the Cities of Cocoa Beach and West Melbourne, respectively, in accordance with Section 932.7055(5), Florida Statutes; and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to appoint/reappoint Mark Mathusa and Kelli Jo Strabley to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2009; Virginia Wills and Darleen Hunt to the Art in Public Places Advisory Committee, with terms expiring December 31, 2009; Joseph Steckler to the Brevard Commission on Aging, with term expiring December 31, 2009; Grace Boyd, Michelle Paccione, and Loreen Trent to the Brevard County Commission on the Status of Women, with terms expiring December 31, 2009; Loretta Wilson and Glenice Fablinger to the Central Brevard Library & Reference Center Advisory Board, with terms expiring December 31, 2009; Dale Young to the Citizen Budget Review Committee, with term expiring December 31, 2009; Betty Wells, Jimmy Jackson, Izeal Battle, Leartis Brothers, and Reverend Melvin Chatman to the Cocoa West Community Center Advisory Committee, with terms expiring December 31, 2009; Mark Wheeler, Roy Trent, and Antonio Rovira to the Community Action Board, with terms expiring December 31, 2009; Luella King and Grace Boyd to the Community Development Block Grant Advisory Board, with terms expiring December 31, 2009; Roger Drabyk and Bud Crisafulli to the Contractor’s Licensing Board, with terms expiring December 31, 2009; Bruce Wechler, Douglas Sphar, Murray Hahn, and Jim Durocher to the EELS Program Recreation and Education Advisory Committee, with terms expiring December 31, 2009; Matt Nye and Jack Harris to the Economic Development Commission of the Space Coast, with terms expiring December 31, 2009; William Pezzillo and Jim Murphy to the Emergency Medical Services Review Committee, with terms expiring December 31, 2009; Linda Mannier, Matt Collins, and Liz Alward to the Employee Benefits Advisory Committee with  terms expiring December 31, 2009; Bruce Wechler, Amy Tidd, and Rocky Randels to the Environmentally Endangered Lands Procedures Committee with terms expiring December 31, 2009; Mark Fowler, Cameron Donaldson, and Bud Crisafulli to the Extension Advisory Council with terms expiring December 31, 2009; Christine Silcox to the Health Facilities Authority with term expiring July 23, 2010; Douglas Hendriksen, David Paterno, Lynn Pickett, Yvonne Shingler, and Bob Swenson to the Historical Commission with terms expiring December 31, 2009; Wayne Cooper to the Housing Finance Authority with term expiring December 31, 2009; Jim McLucky to the Investment Committee with term expiring December 31, 2009; Tony Masone and Bruce Moia to the Landscaping, Land Clearing, and Tree Protection Task Force with terms expiring December 31, 2009; Carol Hurst and Graham Webster-Gardiner to the Library Board with terms expiring December 31, 2009; Mike Cunningham, Doug Jaren, John Mongioi, and George Reynolds to the Marine Advisory Council with terms expiring December 31, 2009; Liz Allen, John Campbell, Vicky Fischer, Ray Hoffman, Kathy Jarrell, William Parlon, Hank Salvin, and Albert Thomas to the Merritt Island/Beaches Service Sector Advisory Board with terms expiring December 31, 2009; Stan Allen to the Merritt Island Redevelopment Agency with term expiring December 31, 2012; John Anderson, Mike Cunningham, Tom Gaume, Lisa Hernandeen, and Tre? Holton to the Metropolitan Planning Organization Citizens Advisory Committee with terms expiring December 31, 2009; Clifford Barber and Dudley Anderson to the Palm Bay Regional Park Advisory Committee with terms expiring December 31, 2009; J. Keith Farguharson, Frank Bevack, Mary Geoltz, and Ted Whitlock to the Parks and Recreation South Service Sector Advisory Board with terms expiring December 31, 2009; Cleave Frink to the Personnel Council with term expiring December 31, 2009; Aneta Ott, Frank Tsamoutales, Laura Ward, and Linda Wise to the Planning and Zoning Board with terms expiring December 31, 2009; Lou Howard and Gary Silcox to the Public Golf Advisory Board with terms expiring December 31, 2009; George Wilson and Pete Kaiser to the Surface Water Protection Working Group with terms expiring December 31, 2009; Kim Tsamoutales to the Tourist Development Council with term expiring December 31, 2009; Stephany Eley, Julia Derrick, and Nelle Ayres to the West Melbourne Public Library Board with terms expiring December 31, 2009; Mike Nowlin to the Wickham Park Advisory Committee with term expiring December 31, 2009; and Dale Young, Frank Tsamoutales, and Mary Hillberg to the Zoning Board of Adjustment with terms expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve bills and budget changes, as submitted.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated the only change she would like to make is to remove the phrase stating, “Authorize the Chairman to execute a Contract,” as she would like the Contract to come back to the Board.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to authorize staff to advertise a Request for Proposals (RFP) for professional services by a telecommunications tower consultant; appoint a Selection Committee with authority to negotiate a contract, consisting of Planning and Zoning Director Robin Sobrino; Permitting and Enforcement Director Ed Lyon; Assistant County Manager Mel Scott; Radio Coordinator, Communication, Eric Conklin; and Assistant County Attorney Eden Bentley; and direct staff to bring the contract back to the Board for review.  Motion carried and ordered unanimously.

 

 

Marlene Adams stated she came to know Keep Brevard Beautiful (KBB) during the Waste Management issue; stated KBB has a  couple of contracts that are renewed at different times of the year; and inquired if there is any way the Board could combine the agreements so that it is one big agreement, or contract.  She noted it also has never been out for bid; and yet the contract has gone on for a number of years.  She stated she is sure KBB does a wonderful job; but like everything else, in order to improve public respect, the Board should treat it like any other contract.

 

Chairman Nelson stated he is not familiar with all the different contracts the Board has with Keep Brevard Beautiful.

 

Assistant County Manager Mel Scott asked Euri Rodriguez, Solid Waste Management Director, to provide the Board with a quick overview of some of the many services that KBB provides to the County; and inquired if Mr. Rodriguez could also describe to the Board the niche services that these represent, and how it is contributed to the relationship the County has had exclusively with them since 1990 without a competitive bid.

 

Mr. Rodriguez stated what the County currently has with KBB is three contracts; one is for the rental of property on Ansin Road, used to house the Solid Waste Management Administration for $1 per year; another contract is litter control prevention; and the third contract has to do with recycling education.  He stated all the contracts add up to approximately $100,000 per year; and the money is used to supplement the recycling efforts the County does currently. 

 

Chairman Nelson inquired if there is a reason the contracts cannot be consolidated into a single timeframe, or even a single contract.  Mr. Rodriguez responded not that he is aware of; it would take some time management; but it can be done. 

 

Chairman Nelson inquired if there is a preference of the Board.  Commissioner Infantini inquired what is the value of the lease contract; stated she realizes the County charges KBB $1 per year, but is the office space available to other non-profits; and if so, what is the market value the County is not actually receiving in exchange.  Mr. Rodriguez replied he would guess it would be approximately $1,000 per month because it is out of the way of where a normal commercial entity would be located; one of the reasons it was brought to the Board for approval was because KBB does so much for the County; and one of the conditions in the Contract is that KBB takes care of the maintenance up to $1,000 per-incident, and after that the County shares the cost 50/50 for any major maintenance.  He noted the $1,000 is just a guess, and he cannot base it on anything except a guess.

 

George Geletko, Chairman of Keep Brevard Beautiful, introduced Pat Brown, Executive Director, Larry Weber, former Executive Director, and John Porter, Vice Chairman.  He expressed appreciation to the Board for the opportunity to serve Brevard County; and one thing that makes KBB work is that the equipment and resources are donated by corporations.  He stated for $27,000 per year, KBB cleans the beaches from Cape Canaveral to south of Cocoa Beach; and he does not think there is another entity that can compete with KBB.  He advised the $100,000 budget accounts for approximately 25 percent of the total overall budget because there are other contracts with Cape Canaveral, the Port Authority, and the hotel/motel industry; and the reason for the contracts is because with the volunteers and staff of KBB, the work can be done much  cheaper than  anyone else  can do it.   He  noted the return investment on  every $1 spent by the County is $18.45; and on a monthly basis, the Solid Waste staff gets an inventory of projects that have been completed.  He commented on the Brazilian tree ratification along S.R. 528, which was done by Keep Brevard Beautiful.

 

Commissioner Anderson stated if the County were to perform the same services in-house, the cost would be astronomical; and inquired if Mr. Rodriguez knows how much it would cost.  Mr. Rodriguez stated he does not know immediately how much it would cost the County, but he knows more employees would have to be added to the payroll. 

 

Commissioner Fisher inquired how many volunteers KBB has.  John Porter replied in the last year, Keep Brevard Beautiful had 76,898 volunteers and conducted 4,005 clean-ups to remove 561,000 pounds, or 280 tons, of trash and litter from the roadways and beaches; stated if the total volunteer hours are multiplied by $6.55 per hour, it equates to $708,455; and KBB also acquires donated and in-kind goods and services with an annual value of $747,583.  He stated the County receives $1,456,000 through the KBB contract; and for that, KBB is asking for $78,900 per year, for which the County receives $18.45 per dollar invested.  He stated the bottom line is that Keep Brevard Beautiful elevates and maintains a high quality of life, and it is one reason why Brevard County is one of the best looking and best maintained counties in the State. 

 

Chairman Nelson noted when he was in Parks and Recreation, there were some areas that needed pepper trees removed; and he was able to call KBB to do the pepper removal. 

 

Commissioner Infantini inquired if there is a reason the Board has never gone out to bid on the contract.  She stated she is not trying to break something that is not broken, but at the same time, she is also trying to foster more competitive bidding within the County; and she does not know if this is the right time to do it, but she would like to know if there is a way to put it out to bid to see what else could be offered.  Mr. Rodriguez responded he is not aware of any other organization that does that kind of work; and he would have to speak with Purchasing to see if informally, there is another organization.  Commissioner Fisher stated it would entail forming a new organization, and a new volunteer base in order to be competitive; and volunteers are the backbone of Keep Brevard Beautiful and volunteers are what make it possible for it to do what it does. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Agreement with Keep Brevard Beautiful, Inc. for litter prevention.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson directed staff to take under advisement to try to consolidate the Agreements, so that they come in either as a single agreement, or all at one time.  Mr. Rodriguez stated the best thing to do would be to bring it to the Board when it expires as an addendum, so that it all becomes one at that time.

 

 

Gay Williams, Housing and Human Services Director, advised on October 30, 2008 the Board approved the allocation of the dollars as well as approved the Macedonia Community Development Corporation Project; and today, the Board is being asked to approve the agreement. 

 

Jerry Phillips stated for over 117 years, Macedonia Missionary Baptist Church has been located in South Melbourne, officially starting on Brothers Street in 1891 and moving to its current location at 2729 Lipscomb Street, Melbourne; during this time, Macedonia has played a major role in the development of the South Melbourne community; and Reverend Nathaniel L. Harris, has served Macedonia in this capacity for over 17 years with a strong effort in leading Macedonia to accomplish its Mission to provide decent housing to underprivileged persons.  He advised Macedonia established the Macedonia Development Corporation to manage such real estate and other property in order to improve the living environment of the community; Macedonia has agreed to utilize some of its development property to help bring housing relief to the community; and the organization also plans to provide life skills to help families improve their living and social standards.  He noted Macedonia will also attempt to provide activities deemed  necessary  to achieve  economic  self-sufficiency and family  stabilization;  and  with its vision of a community support system comprised of families, private corporations, other non-profit organizations and local as well as Federal Government agencies, Macedonia has partnered with the City of Melbourne, Housing and Community Development, Community Housing Initiative, PREVENT! of Brevard, and Habitat for Humanity.  Mr. Philips stated on December 14, 2008, Macedonia conducted a Dedication Service which was concluded with open houses at 1024 Mill Street and 1011 Church Street in Melbourne; the two houses complete Phase I of the affordable housing project; with Phase II of the affordable housing project, Macedonia desires to create a partnership with Brevard County and Brevard County Housing and Human Services; and for the partnership, Macedonia requests funding for demolition, construction, and development of a three (3) unit rental development for low-income families.  He stated the project will further the objectives of the HOME Program, including the provision of decent, affordable housing to low-income households, expanding the capacity of non-profit housing providers, strengthening the ability of local government to provide affordable housing, and leveraging private sector participation in the promotion of affordable housing; stated Macedonia Baptist Church will provide the properties for construction and is seeking funding for the construction work from Brevard County Housing and Human Services; and the Board’s approval of this request would be greatly appreciated.

 

John Saxton stated he is a member of the Brevard County Affordable Housing Council; the project came before the Council several months ago, so he is familiar with the details of it; and is in strong support of the project.  He stated the project is a prime example of providing a good service to the County to help revitalize the neighborhood, which is sort of an added benefit over and above the residents that are going to be living there; but by putting in some new, good quality, affordable housing, it will also go long way to helping revitalize the neighborhood; and it is a good example of cooperation between several organizations.  He noted funding things like this is not to be confused with putting money into non-performing loans, or other issues where they are making sub-prime loans and things like that; and the use of this funding helps to avoid that because the more participation from the County means the more developers and owners do not have to borrow as much, so the bank loan is less.  He stated there is much less risk of failure involved by supporting something like this with public funding; it will help to avoid any kind of bank foreclosure or anything like that because debt is being minimized; the source of the money is not from taxpayers; and the money that is used for these types of projects is called SHIP, and the funding actually comes from real estate contracts.  He advised with every real estate contract that is closed, there is a fee that is paid and goes to Tallahassee; and Tallahassee turns around and sends it to each individual County, and then the County can determine how it wants to spend that money. 

 

Nicole Tenpenny stated she is the Executive Director for Community Housing Initiative, which is a private, 501(c)3 non-profit corporation; the Initiative was developed in Brevard County in 1993; and since that time, the mission has been the promotion of affordable housing.  She stated the Initiative owns a 56-unit apartment complex off of Wickham Road; and first time homebuyers programs are provided on behalf of Brevard County, City of Melbourne, City of Cocoa, City of Titusville, and City of Palm Bay.  She noted in addition to that, the Initiative has partnered with several other non-profits similar to this project; it has worked with the ARC of Brevard  in the  renovation of two group  homes; it has worked with the Coalition for the  Hungry and Homeless and the renovation of one of their rental properties; it has worked with Preventive Brevard in the renovation of a group home; and it has just finished a project with Macedonia in which the Initiative worked with Habitat for Humanity in the construction of two, single-family homes that Macedonia will own and operate and rent to low-income households.  Ms. Tenpenny stated the property the Initiative is identifying for this project is already owned by Macedonia; it actually shares boundary lines with the Church; the properties will be looked at everyday by the Church members; and at no time will the property fall into disrepair.

 

Commissioner Anderson stated he appreciates the service to community; and his issues are not with the Church’s project.  He stated his issues are with some internal issues that need to be cleared up; any time government takes money from citizens, forcefully, it is a tax; government is really good at disguising taxes as other words; and so it is a tax.  He stated some unwilling participant gave the government money to get their deeds recorded, then it went to SHIP, which came back to the Board; and so Brevard County residents did pay for those.  He stated he talked to the County Auditors and County Management during a briefing, and both admitted there is no strategic plan on how to give out these funds in the County; since he has been on the Board, it has spent millions of dollars without any real strategic plan; and the County Auditors also informed his staff that they think $494,000 is excessive for a triplex.  He noted in the last month, between Brevard County and the City of Palm Bay, there has been $10 million from federal government stimulus awarded for affordable housing projects; stated this is a great project; but he is not comfortable handing out these monies; and he will not be supporting the item. 

 

Commissioner Infantini thanked Commissioner Anderson for supporting her idea of having a strategic plan presented to see how much funds are being needed by the community, and how many people need affordable housing; stated the figure from Brevard County would be $494,000; the City of Melbourne is also kicking in $150,000; and that brings the total for the triplex to $644,000.   She noted as of last  Friday, there were 814 single-family residences listed for under $100,000 in the MLS; that is not including the homes in foreclosure; affordable is not necessarily a $210,000 home; and perhaps the Board can purchase six homes off the MLS listing that are under $100,000 and provide housing to six families instead of three families.

 

Commissioner Fisher requested staff explain the bid process that determines the cost to build a triplex.  Ms. Williams stated for the subject project, the triplex is an extended family unit; the design on the triplex is not just for one single-family; and the cost break down is $87 per square foot.  She advised the triplex is being built as a continuing servicing of the houses with affordable housing needs in various communities; it would allow more than just a single-family to reside under the same roof; nowadays, more and more families cannot afford separate hosing, so there is the nucleolus and the extended family now reside under the same roof; and the triplex is really designed for three families to reside all together, such as a mother/grandmother situation, and other children who might have children.  She noted $87 per square foot was just the early cost of the project; staff still has to get the engineering and the plans; if it is found that the project will cost less, the County will not pay any more than the cost of the  project;  stated there is  a strategic  plan for  this type of housing; and it is a plan that  has been approved by the Board and indicates to the community what projects will be going forth out in the community. 

 

Commissioner Fisher inquired in an extended family living space, how much square footage does that consist of; with Ms. Williams responding 2,400 square feet for each of the units.  Commissioner Fisher stated the triplex will be over 6,000 square feet.  Ms. Williams advised it comes out to more than 8,000 square feet when considering the porches, which is part of the under roof living; and then there are porches that are paved and provided roofing for.  Commissioner Fisher stated $200,000 for a three unit triplex seems kind of high; but it is really three homes; and it is not a typical triplex.

 

Commissioner Bolin stated the Board has the ability to purchase a lot of homes on the market, but it has to take into consideration that if it does that, are the particular neighborhoods going to be suitable; there would be extra upkeep costs; and there are a lot of other figures that would be involved with that versus having a triplex that would be in one unit.  She stated the County has a housing plan; staff can get Commissioner Infantini a copy of the plan so that she can bring herself up to speed on it; stated she is in favor of the triplex; it is tax money that went to Tallahassee; and this is a way to bring some of that money back to Brevard County.

 

Chairman Nelson asked Ms. William to explain the income requirements.  Ms. Williams advised the dwellings are for very low-income individuals; and they would have to make below 50 percent of the area median income.  Chairman Nelson inquired what is that number; with Ms. Williams responding for a family of four it was a little over $30,650; for a family of one it is $20,000 to meet the income requirements; and each of the individuals who go into the residence will have to meet that requirement. 

 

Chairman Nelson stated because it is at or below 50 percent, it is an income of $15,000; and that is critical because it is not $30,000, it is actually $15,000, otherwise, a person does not qualify.   He  stated  the  County  has  internal  auditors,  external  auditors,  and Clerk of Courts auditors; and he presumes Commissioner Anderson is referring to the Clerk of Courts auditors.   He stated regardless of how the money ended up being collected it is a State issue; he would hate to see the money go to Dade County or Duval County, or some other County as opposed to Brevard County; and until that is changed, he would want to see Brevard County get its fair share.  He noted the triplexes are being built in what are considered to be strategy areas where there are difficult economic circumstances; they are not always the best neighborhoods; and buying a foreclosed home raises its own issues because not everybody wants affordable housing next to them for a variety of reasons.  He stated the key thing is there are controls in place that allow the County to manage the expenditures of the projects it is committing to 30 years; he does not think any landlord is going to commit to 30 years to provide affordable housing under the terms and conditions; and another spin-off benefit is that it will put a contractor to work in the County. 

 

Commissioner Fisher stated the previous County Commission approved certain things; people went out in good faith and did things based on that approval; the Board may decide during the budget whether this makes sense  or not, and were it wants to go as a new Commission overall; but it is important that the Board move in a direction that most everything it approves was not a spending item the current Board decided on as a whole; and these things are coming up now because the contract is ready or because it has reached a certain phase.  Commissioner Fisher stated as the opportunity comes up in the future to review these things; the Board can philosophically look at it and decide whether it wants to go there or not; but things have been approved and the Board has let the public know it moved in that direction; and as a Board, it needs to support those things. 

 

Commissioner Infantini stated she appreciates Commissioner Fisher’s comments about doing things the previous Board already approved; but the whole reason the new Commissioners were elected and the old Commissioners were not is because they are supposed to make sound decisions based on the current environment; and economically, right now it costs less to buy an existing home than to build another one.  She stated she would prefer to use the funds for affordable housing and purchase housing for six families, not just three, or one large one.  

 

Commissioner Fisher advised in one unit there could be three to four families; so it is 12 families total; and there will be more than one family unit.  Ms. Williams advised there is more than one family residing in one triplex; that is why it is for extended families; there would be at least eight individuals, three separate families, in one unit; and so it is for three for four generations in one unit. 

 

Commissioner Bolin noted with the previous Board, Truman Scarborough and Jackie Colon were term limited; stated Helen Voltz made the decision not to run again; and that makes herself and Chairman Nelson the old fogies of the Board. 

 

Commissioner Fisher stated not everybody can qualify for the funding; and even if there is an opportunity to buy some other homes cheaper somewhere, this funding would not go to that.  Ms. Williams stated that is correct.

 

Commissioner Anderson inquired how many square feet on in one unit; with Ms. Williams responding one unit is 2,400 square feet under air.  Commissioner Anderson inquired if that would be for an extended family; with Ms. Williams responding yes, it would be.  Commissioner Anderson stated his first house was 900 square-feet; there were six people living there; two people were going to college and working full-time under the median income; and people do not always need a hand out, but a hand up.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Agreement between Brevard County, Community Housing Initiative, Inc., and Macedonia Community Development Corporation of South Brevard for development of long-term, affordable rental units.  Motion carried and ordered; Commissioners Infantini and Anderson voted nay. 

 

 

Gay Williams, Housing and Human Services Director, advised this item was approved during the budgetary process to award community based organizations $979,895; what is before the Board today is the recommendations on how those dollars would be dispersed to the various organizations; and staff is requesting the Board approve the recommendations to award the various 14 agencies and authorize the Chairman and the County Manager to execute the agreements contingent upon the approval of County Attorney and Risk Management.  She added that the services that are being provided to the County, although the Board is giving out $979,000, most of the agencies, if not all of them, have match and they pull into the community in excess of $4 million. 

 

Commissioner Fisher stated he believes all the speakers are here to speak in support of their organizations; the Board put a Community Block Action Board in place who basically have done their research at home and looked at each one of the agencies and studied them to see whether the funding was worthy or not; and the previous Board budgeted for the agencies.  He stated he is comfortable with the item and he would like the Board to take a vote.

 

Chairman Nelson stated everyone has a right to speak; from reviewing the speaker cards, it looks like every card is from an organization who is in support of the item; and inquired if there is anyone in the audience who is not in support of the item. 

 

Commissioner Anderson stated he does not know the typical procedures; he assumes the speakers are coming forward to convince the Board one way or another; he has his mind made up; and inquired if the Board can take a straw poll.   Commissioner Fisher stated the Board needs to give Marlene Adams an opportunity to speak, since she is against the item.

 

Marlene Adams stated she is not opposed to the item, but she has a request.  She stated she brought  with her a  Christmas Wish List  because there have been several things come up over  the past year, and she would like to see a couple of improvements or changes that would help the public trust.  She stated the Consent Agenda is one of her pet peeves; a lot of things are on the Consent Agenda; and conceivably, millions of dollars can go through there without the public knowing what is going on.  She noted the County Manager is limited to $99,999 expenditures without the Board’s approval; and she would like to see the items over that amount not be put on the Consent Agenda, as they should be put on the Regular Agenda.  She stated some meetings are advertised so soon before the meeting, no one has time to know what is on the Agenda, much less how much money is involved.  She stated she is not opposed to the item, but she is making a point that the Consent Agenda has a lot of things going through it that are a lot of money; and the subject item is for almost $1 million, and it has to place on a Consent Agenda. 

 

Commissioner Infantini stated she would like to see where the Agendas are presented to the Commissioners at least two weeks in advance and no longer allowing add-on items with less than a one-week notice.  She stated she and her staff do a lot of research; her research takes hours; and she does not have time to research every one of the topics.  She stated she realizes the Board has a wonderful staff that is supported by the County; but sometimes things slide by that are less than accurate; and she would like to have more time to do research.  She stated if the  entire  package  is  presented  to  the  Commissioners  with  two-weeks  notice, it  will  allow whoever wants to come and see something, or learn about something, have more time to research it themselves.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to direct staff to get the Agendas to the Board at least two weeks in advance; and directed there be no add-on items after one week. 

 

 

Commissioner Bolin stated the general public always says government takes so long to get anything done; and putting out the Agenda two weeks in advance would put the entire County to a standstill to get anything accomplished.  She noted one thing the new Commissioners will be learning in their new position is that he or she is going to need to get a staff of advisors who can assist them quickly on some of the Agenda items; the Commissioners need to be able to pick up the phone and talk to as many people as possible; and add-ons have not been a problem in the past, as it just seems to be happening lately. 

 

Commissioner Anderson stated the City of Palm Bay has agendas as big, if not bigger, than the County’s, two weeks in advance successfully.  He noted most voters told him they feel there is a distrust; and whether the Board likes to admit it or not, there is a distrust of County elected officials; he does not know where that started; but the only way to correct it is to get everything on the table in advance.  He commented on one of his staff members that spends approximately 60 hours per week on research.  He stated he does not go to County staff and ask questions; stated he wants to do his own research and get his own answers; he has a competent staff who have a lot of education; and he thinks two weeks in advance is a good thing. 

 

Chairman Nelson stated he finds it ironic; the Board discussed the County Manager’s Contract as an add-on; it discussed impact fees as an add-on;  and those add-ons were done by the two Commissioners who have made the motion and the second to not allow add-ons.  Commissioner Anderson stated he did not mention add-ons.  Chairman Nelson stated the reality is that it is extremely difficult to do that; some items have been before the Board two and three times; and the dollar amounts are sometimes discussed three and four times, often as the original item is an actual discussion item before the Board.  He stated putting out the Agenda two weeks in advance will bog down the Board.  He noted the Agendas the Board has had since the new Commissioners came to it have been the exceptions; the Agendas usually take up two books; and it is not that simple.  He stated if the new Commissioners do not want to brief with staff, that is their choice; stated he thinks the Commissioners should hear staffs side to items as well as the public’s side; and decisions need to be related to that.

 

Commissioner Fisher stated he thought Commissioner Anderson’s abatement idea was a great idea; and it looks like something the Board can run with; but if the two week notice was in effect, the discussion would not have happened today; and the Board would have had to wait two weeks to have the discussion.  He stated he does not want to give up the option to bring something to the Board’s attention or put something on the Agenda; and he wants to get stuff out early, but he wants to have the option to put something on the Agenda, too.

 

Commissioner Infantini stated she agrees with Commissioner Anderson that it will not bog down the County; it will not stop operations as normal because the Board is already going to be taking a two-week break; and during that time, there is plenty of time to start the two-week ball rolling from this point forward.  She noted in the first few meetings as a Commissioner she placed something on the Agenda as an add-on; and she apologizes for that and will make a promise not to place anything else on the Agenda as an add-on.  She stated she has a competent staff; stated she does not have a problem having her staff do research as well as herself; but one week’s time is not sufficient to research all the information that goes into the reports.

 

Commissioner Anderson stated he agrees, and he will not put any more add-on items on the Agenda; but everything he does as a Commissioner is for the benefit of the citizens and making sure they can get to the meetings; and most private employers require a two-week’s notice.  He stated he is fine with weekly meetings or evening meetings, so that working class people can come and express their views; but right now, people are shoved out of the debate process because of the daytime meetings.

 

Chairman Nelson noted if the Board had started this meeting at 7:00 p.m., it would now be midnight, and it has not even gotten to the regular Agenda; and that is a disservice, too, to start making decisions at midnight.  He stated the Board has met the enemy, and the enemy is the Board; and the Board can create whatever it wants to, but it can also police itself.

 

Commissioner Fisher inquired if it is possible for the Chairman to decide whether something gets added on to the Agenda or not.  Chairman Nelson stated there are a couple of items on today’s Agenda that he thinks could have waited that were citizen requests; but it is difficult to tell citizens they have to wait.

 

Ms. Adams stated for her citizen request item, she was told she had to have it in on December 2^nd  for  the  December  16^th  meeting;  and  she  did  that,  but  she  is not sure why the add-ons happened.  Chairman Nelson stated he agrees that it is something the Board needs to look at because he thinks there are major issues coming to the Board as add-ons; and that is unfortunate.  He stated sometimes good ideas need to be discussed, but there needs to be some kind of process; and a Chairman might have a better opportunity to look at it and decide.

 

David Murray stated as far as most people are concerned, last minute add-ons are usually referred to as earmarks; and most people feel strongly about that.

 

Chairman Nelson called for a vote on the motion to have all Agendas closed two weeks before the Board meeting.  Motion failed.  Commissioners Fisher, Bolin and Nelson voted nay.

 

 

Major Tim Williford, Salvation Army, stated he agrees with something Commissioner Anderson said earlier in that sometimes perception becomes reality; and there are perceptions in the community about some of the things the Salvation Army does.  He commented on people needing a place to park their car because they have to live in it and people who do not have hot water.  He stated a lot of people think they are immune to homelessness; in 2000, the Chairman of the Hernando County Commission was supposed to win his race very handily; but he did not; and so in November he became seasonal help at Sears, and he and his wife almost became homeless themselves.  Major Williford stated there is a situation right now in which there are going to be a lot of big corporations that are going to be laying off a lot of people; and there are middle-class people who are going to find themselves homeless.  He stated he appreciates the Board and what it does; but sometimes he thinks change needs to be approached with trimming shears and not chainsaws; and that is something that everyone needs to keep in mind.

 

Lori Jenkins, Community Treatment Center, stated her organization has provided adult substance abuse treatment services in Brevard County since 1969; the funding allotted by Brevard County will provide a clinical therapist position for 18 residents at its facility; and the Center is very appreciative of the Board’s support.

 

Joe Robinson stated he is with North Brevard Charities is working and is making a difference in the community; and he thanks the Board for its support.

 

Larry Fowler, Space Coast Center for Independent Living, stated his organization primarily works with people with disabilities.  He stated the Board has a fiduciary responsibility to see that tax dollars are spent wisely; he appreciates the job the Board does; and as Executive Director for the Space Coast Center for Independent Living, he has a fiduciary responsibility as well to make sure it gives the Board its money’s worth.  He stated Brevard County has a population of disabled individuals of all ages, which is higher than the national average; everyone wants to move here because it is a good place to live; he has lived in Brevard County since he was 10 years old; and he would like to thank the Board for the considerations it has given his organization’s request for the transportation program to serve those who are unable to access the standard transit route. 

 

Antonio Rovira stated he is on the Community Action Board, and he wishes to have the Board be more attentive to the needs of the needy, especially while the economy is not at its best. 

 

Frank Barger, United Way of Brevard, stated he is also a member of the Community Action Board; and most agencies that receive funding through this process also fall under the United Way umbrella.  He stated he would like to advocate for all of the agencies; there is not one of them that is not deserving of the funding the Board has provided in the past; and hopefully the Board will approve the funding today.  He stated the mission of the United Way and all of the other organizations is to help the needy; unfortunately, in the economic crisis, those numbers continue to increase; the dollars are significant and needed; and he would like to encourage the Board to approve the funding today.

 

Cindy Mitchell stated she is here on behalf of the Salvation Army North Central Corps, which offers emergency shelter and soup kitchens in Titusville, as well as a full-service domestic violence program that offers confidential shelter and support services; and she encourages the Board to support the recommendations of the Community Action Board. 

 

Debbie Brown stated she works with the Outreach Department for Senior Care of Brevard; the organization takes care of the caregivers that are taking care of loved ones who have Alzheimer’s,  Parkinson’s,  and  also those that have had strokes; and it is a wonderful job.  She stated she has come across so many different situations that caregivers need help with; and she wants to give the Board an example of things that stand out in her mind.  Ms. Brown commented on a caregiver that had knee surgery and was taking care of her mom, who had fallen out of her bed; and stated the caregiver called her to come and help her with her mother.  She stated the program is wonderful; every dime that is spent is well deserved and needed; the caregivers are given a booklet, which the Board has been given, along with some thank-you notes that she has received in the past; and it includes the newsletter that the Outreach Department puts out. 

 

Elaine Hinkley stated she is the Financial Officer for Senior Care of Brevard; the program provides a 24/7 hotline created for caregivers in crisis; and at any point in time any hour of the day, someone can call Debbie if a loved one needs help.  She stated there is also a caregiver support group called Talk Shop that meets every other week at the Sunflower House where caregivers are helped in dealing with stress in different ways; there are also home safety inspections; respite is given to caregivers to reduce extreme stress; and caregivers are also assisted at medical, legal, and financial appointments.  She stated to give the Board an idea on the return on investment, this year the program was asking for $61,191; that sounds like a lot of money; but when a caregiver has to place a loved one in a nursing home for one year, caregivers are spending $64,422; and if that is a Medicaid client, it can be seen where tax dollars are going.

 

Phil Kolodziej stated he is with Family Counseling Center, which has provided mental health and substance abuse services to Brevard County for 43 years; the assistance through CBO funding is absolutely gratifying; and in the past six months the number of calls for services has doubled.  He stated the clients who come to the Center have no other resource; they do not have health insurance, they are not eligible for Medicaid; the Center is able to provide services to clients simply because of the funding provided by the Board; and without funding, clients would have to be turned away. 

 

Jason Steele stated he is a Board of Directors member of PREVENT; three or four months ago he lost a race for State Representative; and he was disappointed; but after today, he is thrilled.  He stated he applauds Commissioner Anderson and Commissioner Infantini for their diligence in asking for this particular scenario today in regards to what is happening with funding; it is essential that the Board take a look fiscally at what is going on in the County; however, each issue before the Board is before it because they have a specific public benefit; and he can tell the Board with a great deal of distraught, that he had a problem in 1985 with drug addiction.  He stated he can also tell the Commissioners that members of their families could have drug problems also; thousands of people in the community are faced with problems; and unfortunately, what it does to government is incredible.  He advised organizations such as PREVENT have hundreds of volunteers; after his drug addiction problem, he has been helping PREVENT for a long period of time; and he is proud to serve on the board.  He stated he was fortunate because he had the money to get help; and unfortunately, that is not the case for everybody.  He stated PREVENT has a program called Sally’s House, which is a refuge for domestic violence victims.  He stated he would like the Board to look carefully at each and every budgetary requirement and ask itself if they benefit the public, and is the public benefit greater than the out spenditure of money that the County has. 

 

Joe Steckler stated he would like to echo what Mr. Steele just said; and stated the three new Commissioners need to know a little bit of history of the CBO.  He advised when he took over as Executive Director of the Alzheimer’s Program, the CBO funding was $300,000; in 1998, Betsy Farmer and himself helped to bring in nine children with disabilities; and that year, the Board increased the funding to $600,000.  He noted three years ago he came before the Board and pointed out the amount of money being received by non-profit organizations in Brevard County by doing work that Brevard County staff did not have to do, was less than one-tenth of one percent of the County budget.  He stated the money is given to organizations that help people that many times do not know where to go for help; but that money being stabilized in the budget also enables organizations to develop new money; and the Brevard Alzheimer’s Foundation will bring approximately $780,000 of new care to Brevard County.  He stated having stability in funding enables all non-profit organizations to be able to count on one thing in the budget so they do not have to wonder how they will serve somebody; and that is what is really important.

 

Cindy Flackmeier stated she is with the Community Services Council, which is a senior serving agency that has been around since approximately 1965; the Council works at keeping seniors living in their own homes; and a senior living in his or her own home means they do not have to live in a nursing home or an ALF.  She stated a lot of people can stay in their own homes, but they cannot change the linens; keeping the house clean is important; and the Council goes into a home and takes care of the personal needs of the client as well as their home.  She advised the Council also has a retired senior volunteer program that includes 640 people donating 112,427 hours per year; and that makes sure that other non-profit agencies in the community can continue to serve.

 

Ed Price stated the Community Action Board made a recommendation that the Central Brevard Sharing Center receive $53,100 to be broken out in two programs, $17,700 in prescriptions, and $35,400   for  emergency  food   to  be  used  either in the food pantry or the community kitchen; based on increasing number of people, it is considered to be vital funding; and hopes the Board approves the funding.

 

Larry McIntyre stated he is with PREVENT; one of the unique things PREVENT does at Sally’s house is enables women with children to be able to get their treatment for alcohol or drug problems, or pregnant women who are currently addicted to drugs; and there are success stories in the past of women who have gone through the program, gotten a GED, and then a college degree; and now they are active in the community.  He stated the Board’s support in the past has helped PREVENT, and he hopes for its support in the future. 

 

Percy Snyder stated he is with Big Brothers and Big Sisters of Central Florida, which provides one on one mentoring for the lowest 20 percent of students in Brevard County performing academically.  He noted the number of prisons that are built are rated on a scale of the number of third grade failure; so it is important to reach out to children from early on; and to provide support educationally and emotionally so that they do not fall into that category of becoming prisoners.  He stated of the children served through CBO funding, 100 percent of them improved their academic performance; 100 percent of them increased their school attendance; 99 percent of them increased their self esteem; 98 percent improved their communication; 91 percent of them improved their behaviors; and 98 percent were promoted to the next grade level. 

 

Commissioner Helen Voltz stated Marlene Adams mentioned a $1 million item being slipped through on a Consent Agenda; stated that item was passed during the budget process; and it was not just slipped through.  She stated she voted against it because she feels the same way as Commissioner Anderson and Commissioner Infantini; but it has already been approved in the budget process last year; and she would appreciate it if the Board supports it this year, and look at some changes for next year.  She noted many of the CBO’s are already depending on the funding for their budgets for this year.

 

Pamela Grove stated she is a member of the Community Action Board; and she is a Discharge Planner at a Circles of Care.  She noted there are not enough services; the Board is going to pay for them anyway because the people are going to sit in the hospital; and the tax money is going to pay for them to sit there.  She stated the Board is going to give the money anyway, so why not make it easier and do a lot more with a lot less; and the community needs the Community Based Organizations. 

 

Commissioner Bolin stated even though the Board has a dollar amount that it is looking at that would be used by the agencies; the agencies take the $1 the Board gives them and they leverage that three times; and anytime the Board withdraws $1, it could in effect be $3 or $4 to the agencies.  She noted the agencies have received the notification when the Board did the budget; the Board set aside a certain amount; the Board labored over every dollar and every allocation; and the Board finally determined an amount to be set aside for these services.  She stated she feels remiss, if at this point in time, that she would ever consider withdrawing the money from them after they have been allocated and the agencies are planning on it; and the upcoming budget is the opportunity to make any changes, but she does not want to be labeled an Indian giver.

 

Commissioner Anderson stated he did not pull this item because he is going to deny it; but he wanted to pull it to ensure that everybody knows his stance for the next budget year; next year, when the organizations apply, he is putting everybody on notice that he is going to be looking at a lot of things, including financial transparency for the taxpayers; and he will be asking that of every organization.  He stated he knows some of the organizations need the money or else they will fail tomorrow, but others have back-ups and reserves.  He stated something else he is going to be asking of all the organizations is what executive pay is; it is taxpayer money going out; and he is going to want to know what the taxpayers are paying for.  He noted as of now, the funding has already been budgeted for; he is not going to go back on this one because this is a health and safety issue; the philosophical issue is that he is spending taxpayer money on charities that they may not necessarily support.  He stated for example, he is a supporter of Boy Scouts, but they are not on the list; but they can survive with out the County’s money because they are a big organization. 

 

Commissioner Infantini stated typically she does not believe it is the Board’s responsibility or function to hand out money to charities; however, as most of the charities have illustrated, there is  a  savings  of  more  dollars  than  it  is  costing;  and  she   appreciates   all   the  service  the organizations provide to the community, because without them, it would cost the County so much more money than the small amount it is giving them.

 

Commissioner Fisher stated if the Board adds up all the volunteers that serve on the organization boards, it would be thousands of people; those volunteers are business owners or taxpayers that care about the quality of life in Brevard County; and it is important each year for the organizations to get less dependent on the dollars, because as the County’s dollars start to tighten up, it is going to be very difficult to stay at the same level. 

 

Chairman Nelson stated the organizations are what make the community great; there are so many organizations that assist the Board; and the reality is that the people call Housing and Human Services for help, and they are referred to the organizations.  He stated scrutiny is important as the dollars get tighter; the Board probably needs to have that discussion early because there is a criteria the organizations have to meet; and it is probably a discussion the Board should have early in the process; but he cannot thank the organizations enough for all that they do.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the recommendation of the Community Action Board (CAB) to provide $979,895 in General Fund dollars, as approved in the FY 2008-09 budget, to fourteen (14) community-based organizations, as listed on the Agenda Report; and authorize the Chairman and/or County Manager to execute the agreements and future amendments, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

The Board recessed at 12:15 p.m. and reconvened at 1:30 p.m.

 

 

 

Commissioner Anderson stated met with the BCA members recently and expressed his appreciation for what they do; stated this item is similar to the last item; however, he is having a difficult time with this item because his personal philosophy is that just because the money is budgeted does not necessarily mean the Board has to spend it.  He stated he cannot support the item because he believes providing money to the arts is far outside the roll of government; and that is just his personal opinion.  He stated funding the arts should be individual; he supports the arts individually; he thinks people should support art shows; but he cannot support spending taxpayer monies on the arts when the County is facing such critical times.

 

Commissioner Infantini stated typically she does not support certain things; this is one time when she will make a distinction where she differs from her normal opinion; and she supports the arts because, just like the EDC, she believes the arts bring people to Brevard County.  She stated if there are not things to bring people to Brevard County, and things for people to do while  they are  here,  they will not come;  and if there is not something for young people to do in Brevard County, they will leave.  Commissioner Infantini stated she supports the item because it attracts new individuals and new businesses because the County has something to offer besides just the Space Center and the beach, which are both great.

 

Commissioner Bolin stated she agrees 100 percent with Commissioner Infantini; and she supports the item also.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve the recommendations from the Brevard County Community Cultural Grant Review Panel to provide funding to 29 nonprofit cultural organizations or programs within the County.  Motion carried and ordered; with Commissioner Anderson voting nay. 

 

 

Commissioner Anderson advised he passed out a memo to the Board for the record. 

 

 

 

Marlene Adams stated she has a wish list for some things she would like to see worked on by the Board; she would like to see the Agendas posted online a week in advance; people do not know to go to the Clerk of Courts website to see the bare bones Agenda; and she would like to see that worked on.  She stated she would also like to see the supporting documents for the Agenda Items online; she does not see where that is too big of a problem, as it is already in the computer and just has to be posted; and she knows it can be done without expensive software.  She noted she has had a lot of issues in the past year involving the Board following the Charter, Ordinances, policies and State law when conducting business; and she should not have to ask for that.  She stated she would like the Board to get more competitive bids for all contracts with vendors doing business with the County, especially those that have never gone out for bid.  She stated on the Consent Agenda she would like to see a limit of a dollar amount so that those types of things are automatically pulled and are not just getting approved; the County Manager’s limit is $99,999; and inquired why cannot the limit on Consent Items be that as well.  She noted the Board  needs  to have evening meetings for high expenditure items and high interest issues; the Zoning meetings are the only evening meetings that are scheduled; and the Board should get as much public comment as possible.  She noted another pet peeve is the Fire Assessment; one item that was passed recently on the Consent Agenda was a massive expense of $500,000 for enhancement of tracking equipment for fire vehicles; it was advertised the Thursday before Monday, November 17, 2008, which was a special meeting called a day before the new Commissioners were sworn into office; and that expenditure was approved without a hitch.  She stated it is probably a good thing to keep track of where the fire trucks are in the County at any time during and emergency; and inquired where the benefit is to the property.  She noted the average engine response time is still just 5.15 minutes for a house fire; and paying for that out of a Fire Assessment that is charged to homes should not go into an expenditure for ambulances.

 

Chairman Nelson stated the Board has talked about putting the Agenda on the website; and inquired of the status of that.  John Sellers, Information Technology Director, replied he wrote a memo to the Board a few weeks ago; at this time he needs direction from the Board because there are a number of different options; the easy option is to throw the big document out on the web; but he advises against that because if someone is at home with dial-up it will take hours to download.

 

County Manager Peggy Busacca stated staff has options to provide to the Board; and she would be happy to Agenda the item for Board discussion.  She stated part of the reason staff has not moved forward was because they are in the middle of a SAP upgrade, and it is not known the amount of money that will be left in the budget; staff did not want to bring options to the Board not knowing how to pay for them; but if the Board would like to hear those options prior to completing the ongoing project, she can do that.  Chairman Nelson stated he would prefer to see what the options are because he thinks that moves the issue further along; and the Board can deal with the money issue at a later time.

 

Commissioner Fisher inquired how an item gets on the Consent Agenda.  Ms. Busacca replied the deadlines to her office are approximately two weeks in advance of the Commission meeting; if something goes on Consent, it comes into her office and is reviewed internally; and it goes to the Clerk’s Office Thursday or Friday of that week.  She noted after it has been sent to the Clerk’s Office there are no additions to the Consent Agenda; there has been a lot of concern about what is on the Consent Agenda; there is a level of protection on the Consent Agenda that does not exist under New Business because there are no add-ons to the Consent Agenda; and if something is on the Consent Agenda, it has actually been there the longest and is less likely to be something that has been added on at the last minute.  She stated those Consent Agenda items are typically ones that staff considers to be something that the Board may have discussed previously; it may include relatively routine items such as Board appointments; and it may include other relatively routine items.  She stated after the Commission Agenda is set, the only thing that can happen to a Consent item is that it can either be withdrawn entirely, or moved to New Business for consideration. 

 

Commissioner Fisher noted staff is not putting anything on the Consent Agenda that was not approved somewhere in the budget process.  Ms. Busacca explained capital items are contained within the capital improvements projects; those are considered to be approved by the budget; there may be some item which is not specifically out there, but has been included within the item; and therefore, it is a budgeted item.  She advised occasionally, the Board will get information on the Consent Agenda such as the acceptance of a grant; and that has not been budgeted, but would be budgeted after the grant were accepted.  She stated she cannot tell the Board that 100 percent of the Consent items are included in the budget for the reason that there may be some additional money received.

 

Commissioner Infantini since there is a deadline of two weeks before a Commission meeting, that means that the agenda report is prepared almost two weeks before a meeting.  Ms. Busacca stated no, that is not correct; it generally takes staff several days to review the Agenda Reports; they have to be reviewed by the Budget Office, Assistant County Manager, and the County Manager; and the agenda  reports would not leave  the Office until the Thursday or  Friday to go to the Clerk’s Office, which means the Agenda would be compiled and printed by the Clerk approximately one week before the meeting.

 

Commissioner Infantini stated she does not think it is a difficult task to put just the Agenda documents out one week in advance of when the Commissioners receive it; stated she is not talking about all the attachments, because even she has dial-up and she cannot open one of the attachments; but she does not think that will require an act of software improvement.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to post the original version of the Agenda on the County’s website each time the Clerk’s Office updates it, at least one week before a Commission meeting.

 

. Sellers stated that is not a problem; and staff can actually just provide a link to the Clerk’s webpage. 

 

Commissioner Anderson inquired if staff is still going to bring options to the Board; with Commissioner Bolin responding affirmatively. 

 

Chairman Nelson inquired when the Clerk puts the Agenda on his website.  Assistant County Manager Stockton Whitten replied it is posted a week before a meeting; and he is assuming the Board’s action is just to place it somewhere on the Board’s website, on either the first page, or under the County Commissioners page.  Commissioner Infantini stated that is correct.  Mr. Sellers advised the Information Technology Department can provide a link.  Commissioner Infantini stated the Clerk’s Office keeps the Agenda updated.  Chairman Nelson stated the Board needs to understand the expectations of any updates because sometimes the Agenda changes by the hour; and inquired if the Agenda is going to be updated every time it changes.  Mr. Whitten advised the Agenda is updated as the items are updated from Agenda Specialist Sally Lewis.

 

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

 

 

Chairman Nelson stated he would like to sit down with staff and discuss the Agenda issues.

 

Commissioner Fisher stated the timeline could be difficult with evening meetings, but it is something the Board can explore.  He stated it might mean beginning the meeting at 3:00 p.m. or 4:00 p.m., but he would not be opposed to maybe one evening meeting per month.  Mr. Whitten stated he does not know if that has been looked at before.  Chairman Nelson stated the Board used to hold evening meetings in the past, and it was problematic because of the timeline; stated typically the meetings started at 5:00 p.m., and they lasted until midnight; the one concept change would be to start later in the afternoon; but he does not know if it accomplishes what the Board is trying to accomplish because the further it is moved in the afternoon, the less likely there will be public participation.  He stated right now, it may be something the Board can do because the Agendas have been pretty light compared to years past; there could be a structure set up that ends up causing the Board heartburn when the economy comes back and things start booming; but the Board can take a look at the issue.

 

David Pasley stated at recent Commission meetings there has been talk of setting up an office for a Chief Financial Officer; in looking at the County organizational chart he was amazed to find there is not a group of financial services that is not obvious.  He stated the function of a CFO resides in the Clerk’s Office; stated Steve Burdett provides that function as the County Finance Director; it is his understanding that the State Constitution requires that the financial operations of the County be separate; and the budget should be under the County Manager, and the financial portion under the Clerk of Courts.  He stated the Board should look at some of the organization charts from other counties.

 

  

 

David Murray stated in the beginning of 2003 he bought a piece of property in Cocoa; there was an issue with some land clearing that had been done on it; the person he bought it from had cleared it before he bought it; and he took the County to the property to show what had happened, to make sure he was not going to be buying a fine when he bought the property.   He noted someone from Natural Resources went with him to visit his property and assured him that it was obvious that he was not the one who cleared it; but three years later, he gets a fine from the County.  He stated the County claims he was notified of a hearing; a certified letter was sent to a house his dad owns; and he never received notice of the hearing.  He stated a hearing was held without him and the County imposed a $4,500 fine; he was not notified for five months after the fine had been imposed; when he called to inquire about it he was told by the person who answered the phone that he or she was new to the position; and after that, his 30 days to appeal was up.  He stated he came to the Board to get help in going to the Special Magistrate to be able to tell his side of the story; he has aerial photos that show the property was cleared before the Quit Claim Deed from when he bought it; stated he was told he would have to pay $560 to get another hearing; and he was more than irritated to learn he was going to have to pay $560 to defend himself for something.  He stated all he was given was a fine reduction hearing.  He provided a recorded portion of his hearing to the Board containing a statement from the Code Enforcement officer indicated Mr. Murray is not the violator.   He stated he has spent $1,200  on  something the  County readily admits he did not do; and he is curious to know what the Board thinks about that; and inquired what can be done to keep other people from falling into the same situation.

 

County Manager Peggy Busacca inquired if the Board would like staff to prepare a report.  Chairman Nelson stated a staff report is needed to find out what happened with the cost and timing; and on the surface, there seem to be some things the Board needs to deal with.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to direct staff to prepare a report to find out what happened with the cost and timing of David Murray’s Code Enforcement case. 

                                                      

 

Ernie Brown, Natural Resources Management Director stated he has never met Mr. Murray in regard to the issue; usually the items are resolved at his level if there appears to be a problem; and if it had been brought  to his  attention, it may  have been  resolved it  came  to  the  Board’s attention.  Mr. Brown advised he does not know the details of the case, but he would like to have the opportunity to deal with the issue at an administrative level. 

 

Chairman Nelson stated there has been a motion and a second to get a report back; that does not preclude Mr. Brown from the ability to resolve the issue at this point in time; and if Mr. Brown cannot resolve it, then he needs to bring the report back to the Board.  He noted the Board also needs to include in the motion to abate Code Enforcement fines for Mr. Murray until such time a report comes back. 

 

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

 

 

 

Robert A. Allen stated he is the President of Friends of Playalinda Beach; he appreciates what Keep Brevard Beautiful does on federal beaches; and he is proud to say he is one of the volunteers.  He stated since Northern Brevard County enjoys one of the jewels of the National Park System, he emailed the Board a news release from the National Park Service, which summarized the dollar value of national parks to the local communities in which they exist.  He stated the Canaveral National Seashore drew $1,038,449 recreational visits in 2007, which resulted in 2,900 overnight stays; non-local visitors spent over $75 million in Brevard County and supported 1,515 local jobs; and in these troubled financial times, the question all Brevardians should be asking themselves is how can they maximize the benefit of the Canaveral National Seashore for local businesses and taxpayers.  He stated as he noted at an earlier meeting last month, the Seashore costs local taxpayers nothing; but it attracts tourists from all over the world with their dollars; and inquired who are the national tourists who visit the National Seashore, and where do they come from.  He advised of the nearly 2,000 people who signed up during a petition drive that Friends of Playalinda Beach conducted last summer, 80 percent of tourists live in Florida; but only approximately one-third live in Brevard County; and despite gas prices last summer that approached $4 per gallon, the rest drove from all over the State of Florida, with the largest share from Orange County.  He noted 11 percent of the signers   of  the   petition   came  from   other   states   as   far  away   as   New   Hampshire and Massachusetts in the northeast, and California and Washington in the west; and two percent came from such foreign countries as Germany, United Kingdom, France, and Canada.  He stated all the tourists bypassed approximately five miles of beach and 13 parking lots to go to the remote northern end of Playalinda Beach despite a County Ordinance designed to keep them away; the Ordinance passed long before the tenure of any of the present members of the Commission; and the tourists continue to come despite a Parks Superintendent who is using the old Ordinance and is so far unsuccessful to chase them away.  He stated with more than one million visits last year, most of the parking fields at Playalinda Beach remain empty most of the time, which means there is plenty of room for more tourist visits.   He stated if the Ordinance 95-21, to remove the federal Seashore from its jurisdiction, there would be millions more tourists to Northern Brevard County, which would mean more money in the community.

 

 

Chairman Nelson called for the public hearing to consider a resolution vacating Public Utilities and Drainage Easements at Center Place, Wickham Road Business Center South Phase 1/Woodside Land Development.

 

John Denninghoff, Public Works Director, stated staff has not received any objections to the request; and he sees no reason to deny.

 

There being no objection, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, adopted a Resolution vacating the 7.5-foot public utility and drainage easements lying between Lots 6 & 7 in Wickham Road Business Center South, Phase 1 in Section 30, Township 26 South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Jon Sellers, Information Technology Director, advised on March 4, 2008 staff went out for an RFP for structured cabling, which is the high-speed network cables in the buildings; it is important for IT to have very small tolerances for manufacturing and installation; and after the bids, it was determined that some of the vendors had problems with some of the language in the bids, which caused some problems.  He stated staff is asking the Board reject the bids; in the meantime, one of the major issues with the bid was that staff had standardized on Siemon Cabling, a specific manufacturer’s product; and that was also an issue for some of the vendors.  He stated it creates a cost to not standardize because staff has to keep track of who has what warranty on which cable in which building; and there is an expense to the County to maintain that information.  He stated since that time he has discussed with staff the difficulty of doing that and developing a small database and set up a procedure to do that; and it has been decided that that is the right thing to do in this situation because it will allow more vendors to participate and will allow staff to get better prices on the bids. 

 

Commissioner Infantini stated she did not realize the item involved Mustang Communications; she has an RFP from that company in her office; and she did not see that name anywhere in the item information.  Chairman Nelson stated the Board is rejecting the bid; Mustang Communications were actually a protestor in the process and protesting the standardization, so this will open it up so they can actually bid on the project.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to reject all proposals associated with the Structured Cabling System RFP’s #P-4-08-12 and #P-4-08-13; authorize re-advertisement of the proposals for (1) limited drop and (2) new construction/major renovations; appoint a Selection Committee consisting of the Information Technology Director, or designee, Information Technology Telecommunications Manager or designee, and Library Information Services Manager or designee; and authorize the Chairman to execute any negotiated contracts upon approval of the County Attorney’s Office and delegate to the County Manager or designee the authority to execute renewal options.  Motion carried and ordered unanimously.

Helen Voltz stated she has a book called Guide for Implementing the Comprehensive Strategy for Serious Violent and Juvenile Offenders; and it is from the Office of Juvenile Justice and Delinquency Prevention.  She advised in the 1990’s the Federal Government was going to give grants to communities to make sure this happened in their communities; Brevard County did not fall into that criteria at that time, but the Board wanted to implement this; and the County funded part of it, the Sheriff’s Department funded part of it; and she personally held a fundraiser for DJJ, which is the first time it ever happened.  She noted she raised $35,000 and just last year, Crosswinds finally got their money; she does not know what happened to that money in the time up until last year; but they got it last year with interest, making the total approximately $50,000.  She stated she hopes the Board financially supports the item; and whatever the Board can do to make sure funding is available, she would appreciate it. 

 

Commissioner Anderson stated he had some concerns the last time this issue came up; now that he understands that only $127,000 comes out of the General Fund, and the rest is through courts, he is okay with it; but in the meantime he received a very nice letter from the Brevard County Association of Chiefs of Police in support, which then gave him the idea that maybe the Board should be doing cost-sharing with the cities on some of these services.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Agreement with Crosswinds Youth Services, Inc. in an amount not to exceed $261,017, retroactive to October 1, 2008, for Juvenile Assessment Center (JAC) services, which include central intake, screening, and the coordination of information among participating agencies to facilitate screening and case processing for youth referred to the Department of Juvenile Justice.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson stated he has been fortunate to sit on the committee that is working on the jail overcrowding issues; and Judge Edelstein, who did the report for the County is a wealth of information, and it would be appropriate to have him come and brief the Commissioners who have just been elected to find out what the issues are related to the jail overcrowding.  He stated the issue is not going to go away until the Board moves forward.

 

Commissioner Infantini stated when this was first mentioned to her she had an extensive briefing with Deputy County Attorney Shannon Wilson; and the jail overcrowding issue was explained to her.  She stated it was originally presented that this may be a $4,000 cost; stated on the Agenda Report it is now $5,000; and she has a couple of questions.  She stated while she asked that she not be personally briefed, perhaps it would be a good idea for all the Commissioners to be briefed at once together.

 

Deputy County Attorney Shannon Wilson stated she apologizes for quoting $4,000; and that was just a ballpark figure between $3,000 and $5,000.  She stated the meeting that is being held as a part of a mediation with Judge Preznell is this week; staff was trying to take advantage of scheduling meetings because Judge Edelstein would be attending that meeting if the Board approved payment for it; and staff has had some difficulty with the scheduling of those meetings, and that was the reason why $4,000 was a ballpark figure. 

 

Chairman Nelson stated he thinks it is worthwhile; and having a one on one meeting with the Judge works out better because questions can be asked.  He stated jail overcrowding is a multi-million dollar problem the County is facing; stated Judge Edelstein has some ideas on how the Board can defer that for some period of time; and it is critical. 

 

Commissioner Infantini inquired if the amount if $4,000 or $5,000; there are six attorneys on County staff; and inquired if County staff cannot restate the point that is being stated by another attorney.  She stated Ms. Wilson was very eloquent in how she spoke to her; stated Ms. Wilson seems to have a strong command of the topic; and she does not understand why the Board needs to pay for somebody else to sit with the Commissioners individually when the County Attorneys should be able to communicate the information to the Board.

 

Chairman Nelson noted Judge Edelstein is the author of the report, which is critical; and that report has been beneficial in getting the cooperation of the State Attorney, Public Defender, and the judges to try to move forward and make some of those improvements.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the County Manager to execute a Contract with Judge Charles Edelstein for consultant services related to reduction of jail population, based on a fee of $100 per hour with a cap of $5,000. 

 

 

Commissioner Infantini stated she does not know why the Board needs to continue to hire outside counsel to research issues; the Board paid over $400,000 last year for outside counsel to research issues; and now, not only do they have to research, but they wrote a book, and she does not need the author of any book to tell her what it says in the book. 

 

Chairman Nelson stated the difference to him is that Judge Edelstein is a judge; he has been through the system; and he travels around the country viewing all the parts of the system.  He stated if anyone ever wants to get lost, they should get into the judicial system; because some of the issues relate to the Public Defender, State Attorney, and jails; and County staff does not deal with all those issues on a daily basis.

 

Commissioner Bolin stated she had the opportunity to talk to Judge Edelstein; he is unbiased; and when he visited with her he gave her just the facts.  She stated she did not agree with everything the Judge was telling her; but it was his job to tell her the truth the way it should be; and he gave her a clear perspective of how it should be as far as efficiency. 

 

Commissioner Fisher stated some attorneys specialize in real estate, and others specialize in business; Judge Edelstein is a specialist in this area; and he agrees that County staff is competent, but they probably have not faced issues in Federal Court.

 

County Attorney Scott Knox stated the County Attorney’s Office does certain things; there are certain areas of specialty it does not get involved in; if County staff had to go to court, they would be forced to represent on jail issues; but staff would be calling Judge Edelstein as an expert witness.

 

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

 

 

Chairman Nelson advised the State was going to make improvements to Cox Road, which would have cut off an area of the community from S.R. 520; and people would have to drive west to go east.  He stated in working with Public Works and FDOT, the County has come up with a design that would allow it to create an intersection so that the community will have a lighted access into the community; and it requires acquisition of the subject parcel as well as one the Board previously approved.   He stated most critical is that FDOT has agreed to cooperate in the process; and FDOT has taken the position that anytime it can work with local governments it is willing to do that.

 

Motion by Chairman Nelson, seconded by Commissioner Anderson, to authorize the Chairman to sign the Contract for Sale and Purchase (contract) between Brevard County and New Hope Deliverance Temple, Inc. in conjunction with the road realignment project at Cox Road/SR 520/A Lane; and authorize staff to close on the property opposite the subject property, which was previously approved by the Board, utilizing letter from FDOT as the Agreement.  Motion carried and ordered unanimously.

 

 

Don Lusk, Parks and Recreation Director, advised the item is a referendum project that had previously been delayed for funding; staff finally obtained a permit through SJRWMD to begin the work in late September; and the item presents various options to the Board so that staff can move forward. 

 

Jim Rosasco stated he is a member, and past director, of Citizens for Florida Wateways; he is Vice President of Friends of Sebastian Inlet State Park; a past director of the Sebastian Inlet Sport Fishing Association; and he is the Treasurer of the Brevard County Airboat Association.  He stated he has been involved in the  parks referendum  project since before the beginning; he participated in promoting the initial 2000 referendum, when everyone was told it was a 20-year bond issue; he served on three of the individual project committees, including Chairman of the Flutie Athletic Complex Committee, member of the Ponce DeLeon Committee, and alternate member of the South County Boat Launch Facility.  He noted Commissioner Voltz appointed him to the Parks and Recreation Department’s South Area Advisory Board, but asked him to step down a year and a half later when he continued to question the justification for the 18,000 square-foot community center located on the barrier island, four miles north of the Inlet.  He stated the point of his introduction is that he has witnessed the waste of taxpayers dollars and the Parks Department management of the referendum projects for quite some time; and the item before the Board is another example.  He stated staff is recommending the Board authorize increasing a no-bid purchase order for the marine portion of the project, from $660,000 to $2.125 million; the main argument is that the residents want the badly needed project; and time is a major concern.  He stated staff discourages going out for bid because it would take too long; and that is a bunch of baloney.  He noted what staff does not say is that it is only for the marine portion of the project; inquired about the upland component; and staff has not even completed the engineering and permitting process for the upland portion, which is the access, the driveway, parking, and bathrooms; and inquired what good are the boat ramps if there is no access or parking.  He stated the other problem he has is the purchase order that was issued for $660,000 standardized a specific manufacturers project; and choosing one vendor and using that product as the product of the County limits competition and the ability to bid the projects.  He stated the boat ramp is desperately needed; but the taxpayers want their tax dollars spent prudently; and he recommends Option 4, which is to cancel the no-bid purchase order and either bid out the marina work alone, or wait and bid out the entire project once the upland portion is permitted.  He stated he cannot trust the Parks Department; the Department today says there are funds for the project in the amount of $3,365,933; and he is asking that the Board direct the Parks Department to isolate those funds for this project.  He stated it is a significant recommendation of the 2000 Parks referendum audit that has never been discussed; and it was a specific promise when he was promoting the 2006 referendum.  He advised the promise was that the 2006 referendum was going to get the Parks to complete all of the projects by the end of this year; and as everyone knows, they are far from completing many of the projects. 

 

Chairman Nelson stated Mr. Rosasco said that the Department made a recommendation, but he does not have anything that says that; and inquired if Mr. Rosasco has something different than what the Board has.  Mr. Rosasco stated he believes that recommendation is Option 2.  Chairman Nelson stated he saw it as an option and not a recommendation.  Mr. Rosasco stated he was under the impression it was a recommendation.

 

Jamie Seymour stated he has been involved in this project since before the beginning, and he was on the South County Boat Ramp Facility Committee.  He stated he is not here to ask the Board to make a foolish decision regarding the option; but he is here to inform the Board that this project absolutely has to continue.  He noted in approximately 1995 the County Commissioners authorized a study, which cost approximately $10,000, to tell the Commission where boat ramps were needed and how many were needed in the County to the year 2011; there were 20 or 21 boat ramps requested in that study; and it earmarked North and South Brevard as the two critical areas.  He advised since that time the only thing that has been done is a small ramp in Pineda Landing; in  South  Brevard,  from  Palm Bay to the Sebastian  bridge, approximately only 35 vehicles with trailers can be parked legally; and in addition, if the Board has seen Jorgenson’s Landing, it knows it is an extremely dangerous and antiquated facility, as there is not even a decent deceleration or acceleration lane.  He stated regardless of what decision the Board makes regarding the options, he knows it is going to make  a fiscally responsible decision; and the public has spoken very carefully on the need and desire for this ramp. 

 

Mike Cunningham stated he is the Chairman of the Brevard Marine Advisory Council; and he also serves on the Boat Ramp Committee.  He noted he has been a marine and aviation consultant for over 35 years; and the Board has a dilemma with this situation, which has been in the works for many years and involves many funds and votes by the citizens of Brevard County.  He stated it is a need that is there; if the Board reviews the Brevard Recreation Boating Survey, it will state that this is one area that vitally needs a boat ramp; and he would guess that if the facility could be built tomorrow, it is already outdated because it is over capacity.  He stated the Board should weigh the options, but if it comes to fruition that it must go out to bid, the Board should do so judicisiously; the one thing the citizens will ask is that the Board not desert the project; and the citizens are the ones who can use all the help they can get. 

 

David Pasley stated there was a project to remove approximately 1,000 cubic yards of material at a cost of less than $20 per cubic yard; this project has 5,000 cubic yards of material and it works about to approximately $90 per cubic yard; and that seems to really be out of line; but more importantly, muck has value.  He stated the project includes concrete pilings versus pressure treated pilings; no one can show him the Statue where that is required; it is based on a study that was done in a New Jersey laboratory; there is pressure treated material in the aquatic reserve from one end to the other; and there is no reason to go with the extra expense.  He stated his complaint is with the $2 million, as it is a lot of money to put into the system; and he also has an issue with standardizing with one manufacturers equipment.

 

Lieutenant Colonel John Kendrick stated he is a past member board director of Citizens for Florida Waterways; he is also on the executive committee; and he is a member of another committee that he cannot mention.  He advised the study was done in 1995, and it points out the number of boats registered in Brevard County at that time, almost 32,000; and now the number is near 40,000.  He stated of those boats, 92 percent of them are trailered; and the number of boats is going to double by 2060.  He stated one thing to remember is that people come to Brevard County from Orlando and other surrounding areas to fish offshore and inshore.  He stated another problem is insufficient boat ramps and access to waterways; and people are tired  of having a  carrot dangled in their faces,  and they have lost  confidence in  every  agency involved in the project.  He stated another example of the need for boat ramps is recently through the Sea Grant Program there was a survey conducted in the County that was part of what is the Comprehensive Maritime Management Master Plan that is being developed; the Plan has six major areas and 13 sub areas; the members of the Marine Advisory Council looked at those areas and determined which one had the highest priority.  He stated he too, does not want to see tax dollars wasted, and he knows the Board will evaluate all the information and make a sound decision. 

 

Chairman Nelson stated there is a staff recommendation at the bottom of the Agenda Report, for Option 2.

 

Mr. Lusk stated it is not an issue of whether the boat ramp is built or not; clearly, there is money to do the boat ramp; and that is not the issue.  He stated staff has been working on bringing this to the Board for a long time, but got caught up in getting ready for the new Board and making sure the new Board had an opportunity to look at this; and it could have been done in October, but it was slowed down for many reasons. 

 

Chairman Nelson stated he would like to break it into two discussions; one being the standardization on the ramp because he thinks that is a specific discussion; and the other being the project as a total.  He stated he knows that Tedder was selected; originally they were the standardized State contractor for doing fish and wildlife ramps; and that is how the County ended up using them.  He noted he does not know if in the interim there are any others; it is a copyrighted system; and that system cannot be obtained through anybody else.  He stated the question is if there are any other similar systems that would perform that same function; the other way would be conventional construction, and his experience was that that was not a good alternative because it is not as durable and it is harder to repair.

 

Bill Ross, Parks and Recreation, advised staff has been exploring the issue for several years; but staff has not been able to find anyone who has a comparable system; he has talked to a lot of marine contractors and asked if they would be willing to come up with a similar system; but no one ever got back to him.  He noted he heard about a contractor in Jacksonville that supposedly had a similar system; he made contact with them, but they never submitted any information; and in his discussions with them over the phone it did not sound like a similar system. 

 

Chairman Nelson stated the total construction estimate including the parking, paving, and restrooms; and everything all together is $3.3 million.  Mr. Lusk stated referenced in the fiscal impact is the piece that is being done right now; and by the time the entire project is finished, it will be closer to $8 million.  Chairman Nelson inquired how Mr. Lusk came up with that number, because none of the numbers add up to that.  He advised the Agenda Report reads the estimated cost for upland portion of the project, including parking, paving, restroom, sanitary potable water, and connection to U.S. 1 is $1.24 million, for a total construction estimate of $3.3 million.  County Manager Peggy Busacca inquired if Chairman Nelson is including the purchase of the land.  Mr. Lusk noted $8 million includes the purchase of the land; and the $3.3 million is related to all of those items that relate the options.  Chairman Nelson stated $3.3 gets a completed   boat   ramp  opened  to  the  public.   Mr. Lusk advised $3.3 million gets the Board a completed boat ramp, minus the upland portion that the Department still does not have the permit for from FDOT.  Mr. Lusk stated Mr. Ross informed him it includes the $1.2 million, and he apologizes.  Chairman Nelson stated $3.3 million is the remaining amount Mr. Lusk believes it will cost to construct the project, including the Tedder ramp system, and all the improvements; and the park is opened to the public.  Mr. Lusk stated that is correct. 

 

Commissioner Infantini inquired if the $1.2 million for the upland portion has been bid out in some  way;  and stated  she is curious as to how the Board ascertained the cost without bidding and having engineered drawings.  Mr. Ross advised $1.2 million is the estimate that staff received from the consultant; and that was prior to actually trying to get a permit from FDOT, and that is the reason it is an estimate at this point because until staff gets the permit from FDOT it is not going to know exactly what needs to be done on U.S. 1., which would be part of the upland work.  Commissioner Infantini inquired if that is the same consultant that estimated it would cost $660,000 for the contract that is now costing $2.1 million.  Mr. Ross replied no, the $660,000 was an actual purchase order from Tedder Ramp Systems.  Chairman Nelson stated the difference is that staff had anticipated additional marine work that would be required; and if it was to be added to the Tedder contract, it would have equaled $2.1 million.

 

Mr. Lusk stated part of what has caused issues is that in July 2007, staff went ahead, based on the initial information from SJRWMD, and opened the purchase order with the standardized boat ramping system that had been used with the idea that staff needed to move very fast. 

 

Commissioner Infantini inquired how Mr. Lusk came up with the $1.2 million for the upland if he does not have an estimate or the engineered drawings, because the estimates so far in the past have not been validated; this park was originally going to cost $3.2 million, and now it is up to $8.4 million; and she is concerned about the estimate and that the funding will not be available when it is finally needed.  Mr. Lusk advised the upland is based on the County’s construction experts and engineers; and it is a best estimate.  He stated the bottom line is that the County has enough money to do this project; if the FDOT permit takes it over $1.2 million, he will have to come back to the Board; and the Department has not gone over any allocated budgets for any other projects. 

 

Chairman Nelson stated when talking about available money, it is not all from referendum; there are grants of $596,000 from Florida Boating Improvements; there is $892,000 from Brevard Boating Improvements; Florida Inland Navigation Grants total $555,000; and from the South Area Referendum there is $1.3 million that is being allocated.  He stated there are a variety of sources; and staff has been very aggressive in getting grants.  

 

Commissioner Anderson stated he agrees with Commissioner Infantini; he gets nervous when Mr. Lusk says he may have to come back to the Board; and he is not used to dealing with that.  He stated either the County puts good estimates together, or it does not.  He stated he cannot support anything that is a guesstimate.

 

Commissioner Fisher stated he agrees and supports the boat ramp, but he is concerned about the numbers; he is assuming there was a committee formed; it would be proper to direct the item back to that committee; but somehow the numbers do not seem to be firm.

 

Chairman Nelson inquired if the South County Boat Ramp Facility Committee has seen the numbers.  Mr. Seymour advised he is not sure the Committee has seen the numbers exactly; but he does not know if the Committee would be able to make that decision whether the number was a good number or a bad number; and he is not involved in the everyday dealings with the engineering firm.  Commissioner Fisher stated he would like to see a recommendation from the South County Boat Ramp Facility Committee. 

 

Mr. Seymour stated what he has seen many times have been near-deadly accidents that made him sick to his stomach; and last year he had to help pick somebody up off of the road. He stated from that aspect, that is why he asked the Board to go forward as quickly as possible; but is not asking the Board to waste money either.  Commissioner Fisher stated he understands a price cannot be placed on safety; but he would also like a recommendation from the South County Boat Ramp Facility Committee, as it seems there are some things that are unanswered.

 

Chairman Nelson stated the urgency that Mr. Seymour is talking about is critical; and he is at the epicenter of all the terrible things that go on.  He stated it is his understanding is that there is now a permit in place from the SJRWMD; Representative Poppel has worked with FDOT and has gotten them to create the safe entry; the project needs to be expedited, but he thinks there is a way it can be done that that is reasonable.  He stated he has some experience with the Tedder System, and it is a good system, but he does not know if anything new has come up since then; and he would like to suggest that the Board not immediately abandon that concept.  He stated he would like staff to bring back a report on January 13^th to see if there are any other systems that would be comparable; and he does not think staff will find any.  He noted he is not comfortable not bidding the project; but he thinks the numbers will be close as far as cost; and he does not know it will slow the project down that much, but it is a reasonable alternative because there are legitimate concerns about the cost.  He noted some of the numbers for the referendum go back to 1999; and it is not fair to compare a cost estimate from 1999 to today; the reality is it will be what it will be; the Board is going to make a decision to come up with a way of determining the fairest and most reasonable cost; and he thinks there is sufficient money available to do it, but he thinks the Board needs to give staff direction. 

 

Mr. Seymour stated the facility does not cover Micco, Palm Bay, Grant-Valkaria, and Malabar; the largest number of boats come from the Palm Bay area; and they come because of the Spoil Islands.  Chairman Nelson stated the facility will be a six-ramp facility; it is not warranted from a number of parking spaces perspective; but it is warranted from getting people off the water quickly; and money is being spent on two additional ramps because it actually gets people off the water quicker.   Mr. Ross stated it is down to four ramps, which is adequate.  Chairman Nelson stated it could be done a lot cheaper, but it would not be safe.  Mr. Seymour stated the entire Town Council of Grant-Valkaria and the Mayor have voted to do anything they can to get the project through.

 

Lieutenant Colonel Kendrick stated the Citizens for Florida’s Waterways consulted with Steven Webster, who is the Executive Director of the Florida Marine Contractor’s Association that covers the whole State of Florida; and he would suggest the Board contact Mr. Webster regarding another contractor to build the ramp system.  Chairman Nelson stated he would like to ask staff to do that. 

 

Chairman Nelson stated the Board can come back and decide in January.

 

Commissioner Infantini stated she would prefer the project be bid out; but it also needs to be bid simultaneously with the upland portion; and she would like to know what the timeline is for the engineered drawings for that, and also who is going to be the project manager to oversee it now that Mr. Ross is leaving the County.   She  stated she  would like to get Mr. Tedder to not attend any more meetings for a little while because that so far has cost the Board $35,000 for his attendance at meetings, according to the invoices she has seen.  She stated as far as the money being earmarked, she would like to keep it set aside and maybe escrow $4 million on the outside chance that it is more than $3.3 million so that the money is still here, because it is a safety issue.

 

Chairman Nelson inquired if Commissioner Infantini is confusing Tedder with Coastal Tech; with Commissioner Infantini responding no.  Mr. Lusk stated in July, staff got approval from the Board to open a purchase order with Tedder; and he is not aware of Mr. Tedder attending any meetings that relates to citizens; but the process began with them at that time, as it was a standardized system and the Board voted at that point in time to do that. 

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Infantini, to direct staff to review options similar to Tedder Systems, detailing any costs for Mr. Tedder, and report back to the Board at the January 13, 2009 meeting; and directed staff to contact Steven Webster, Executive Director, Florida Marine Contractor’s Association.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Infantini, to bid the remainder of the work, including the upland portion.  Motion carried and ordered unanimously.

 

 

Vice Chairman Bolin passed the gavel to Chairman Nelson.

 

Mr. Lusk stated he would like to have an opportunity to sit down with any Commissioner that wants to sit down with him so he can explain what has happened in the past; and advised he did that with Commissioner Fisher.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution and execute Lease Agreement allowing the non-competitive lease of County property, office space in the Brevard County Government Center at Viera, to Congressman Elect Bill Posey.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson stated the item goes back to a zoning issue in his District; a gentleman applied for RP zoning, which is Residential Professional; and that means he or she can live where they work, although it does allow some office utilization specifically.  He stated the home was next to Edgewood Junior Senior High School; the Board’s concern was what the use was going to be because there are some market uses that would be objectionable; but there were others that would be fine for that area; the Board kept tabling the item; and the applicant got frustrated and withdrew his request.  He stated Mr. Straney was going to lose all the money he had put into the zoning request; given the circumstances he would have recommended to the Board that it continue the item; but Mr. Straney withdrew it; and now Mr. Straney is requesting a refund.  He stated the Board is in a position to grant a refund, but he would ask that the Board consider that should Mr. Straney bring that property back in for rezoning, that he be charged the hard costs associated with the rezoning request.  Chairman Nelson passed the gavel to Vice Chairman Bolin. 

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to direct staff to only charge Robert Straney for the hard costs associated with a rezoning request should he bring his project back to the Board for rezoning.  Motion carried and ordered unanimously.

 

 

Vice Chairman Bolin passed the gavel to Chairman Nelson.

 

 

Charles Green stated he is seeking to have a Code Enforcement fine reduced; it involves a house he bought in 2002; he bought it from the original owner; and it was a two-story house.  He noted the original owner had lived downstairs; upstairs was two adults who lived there; when he purchased it he lived downstairs; he had a couple from FIT that lived upstairs; and they are still occupying the property.  He advised during the Hurricanes of 2004 he had some damage done to the house; part of the damage included a stairwell that led to the second part of the house; the stairwell was removed due to the damage; and the tenants upstairs placed a bed over the opening while he was looking to make repairs and deal with the insurance companies.  He stated when he first moved in he had a neighbor that trespassed on his property and reported him to Code Enforcement; he was contacted by Code Enforcement; and Code Enforcement visited his property.  He stated he went to Lowes and did a quick fix by buying a collapsible stairwell and screwed it to the opening so there would be stairs that hung down; they were not used; but it was a just a quick fix.   He stated he went to a hearing and the Building Department had to come out; the gentleman from the Building Department said the stairwell was unacceptable; he examined the property and stated the home could have been a two-family residence; but it was original work and nothing that he had done.  He stated after that he had to get some stairwells to meet the new Code; it took him a while to get an engineer who would work on that small of a project; he was in litigation in Orlando for other properties; and he had to order a pre-built stairwell, which he paid for.  He stated he finally got everything fixed and replaced; the Building Department came out and approved of everything.  He stated he tried several times to have the fines reduced without any results; he feels there is a strong personality conflict between himself and Code Enforcement Manager Bobby Bowen; and he would like to apologize if he has hurt anyone’s feelings in Code Enforcement.  He stated he is before the Board because there are new Commissioners; and he would like the Board to reconsider reducing his fine, which is $6,600.  He noted he is currently behind on the first and second mortgage on the property; he is not asking for the Board to give him anything; he is asking for assistance; and the Board gives millions of dollars to companies out of State, but all he is asking for is assistance in reducing the fine.  He stated he spoke to Angela Van Dam in Code Enforcement, who handles the accounting; she told him the enforcement costs of $750 have been paid; and he paid on some of the $6,600 when he had the money to do so, and now the fine is down to $6,450.  He stated Ms. Van Dam also informed him he had two outstanding enforcement costs on other property of $550 each; and she stated those costs were not negotiable and could not be brought down.  He stated he would like to take care of the two fines of $550 each and if the Commissioners would reduce the fine of the stairwell down to $3,300, he would be able to satisfy both of those; and stated he has a written statement that says he can address those fines and pay them within 24 hours.

 

Bobby Bowen, Code Enforcement Manager, stated this is a violation of turning a single-family residence into a multi-family residence; the facts and evidence has not changed since 2006; the Special Magistrate reheard most of the information and recommended no reduction; and as far as he is concerned there is no grounds for reduction based upon the facts and evidence of the case.  He advised in 2006, Mr. Green came before the Board to request a reduction; and the Board took no action.  He stated Mr. Green came back in 2007 with the same case; the Board took no action; and now Mr. Green is back for the fourth time, as he was before the Board one other time asking for the Board to abate his fines, which the Board took no action.  He stated Mr. Green had an opportunity to appeal the Special Magistrate’s decision on his case, which he did not; he was represented by an attorney; and he has had due process.

 

Commissioner Anderson inquired what the hardship would be on the County if Mr. Green pays the fines.  Mr. Bowen advised in this particular case, there is $6,625 that the fines have accrued to; stated Mr. Green was put on a payment plan; he has made a few payments; but the fine is still well over $6,000; and the administrative and investigative costs are separate from the fines, which are the dollars expended by the taxpayers for Code Enforcement to investigate; and Code Enforcement has spent a considerable amount of time on this case. 

 

Commissioner Anderson stated the Board just gave out $1.3 million to people that were in need and organizations that represent the arts; Mr. Green just gave the Board information that he is behind on his payments; and he thinks it would be a far greater hardship on the citizens to have another house in foreclosure in the County.  He noted Mr. Green is agreeing to pay $3,300, which is over and above the investigative expenditures for Code Enforcement; and he thinks the Board should approve it and get it resolved.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to approve reducing the outstanding fine of $6,595 to $3,300 on Case No. 05-1108, contingent upon payment being received within 24 hours, along with the two outstanding enforcement costs of $550 each, totaling $1,100, for a total amount of $4,400 due from Mr. Green.

 

Commissioner Bolin stated it sounds like Mr. Green is well on his way to foreclosure; and this amount of money is not going to make much difference.   Commissioner Anderson stated the Board is here to help the taxpayers and citizens, and not fine them; he is not a big fan of Code Enforcement; and he does not think it is good for government to put liens on peoples houses in this economic down-turn.  He stated it is not going to hurt the County to give up $2,700; and it is not going to cause Code Enforcement to lose any employees.

 

Commissioner Fisher stated when looking at the detailed list of cases, he sees different addresses.  Mr. Bowen stated those are properties that Mr. Green owned; he does not know the current status of those properties; and the list is the case history of Mr. Green’s violations.  Commissioner Fisher inquired if Mr. Green at one time lived at all those different addresses.  Mr. Bowen replied no, Mr. Green rented them.  Commissioner Fisher inquired which property is the homestead property; with Mr. Bowen responding the address on Palm Avenue.  Commissioner Fisher stated Mr. Green lives on Palm Avenue and the fines that are accumulating are on the other properties.  Mr. Bowen stated the Palm Address has the $6,000 fine against; stated Mr. Green converted the home from a single-family to a multi-family for the specific purpose of renting it out; and it was for profit.  Commissioner Fisher inquired if the property is in compliance today; with Mr. Bowen responding Code Enforcement brought it into compliance; but he does not know the status of the property today.

 

Commissioner Bolin stated she understands how Commissioner Anderson feels, but she does not want to be put in a position where the Board is just going to be throwing out the book; there are many people who do follow the rules; and when there is someone who is a perpetuating violator of Code Enforcement, she does not feel the same way.  She stated she does not want the Board to have the image that it is not going to enforce the Codes it has.

 

Mr. Green stated he did not convert anything to multi-family.  Chairman Nelson stated the Board is not able to re-hear the case.  Mr. Green stated all he did was remove a damaged staircase, but it was like that when he purchased the property from the original owner. 

 

Commissioner Fisher stated there has been a case in which the Board has forgiven fines, or given people a longer time to clear up things; but he is glad to hear it is in compliance today. 

 

Commissioner Anderson stated just for the sake of argument, if Mr. Green’s mother had been living upstairs, he would not have been violating Code; and the Board either needs to pay now or pay later.

 

Chairman Nelson stated he cannot support the waiver.  Commissioner Fisher stated his concern is if the Board does it for Mr. Green, how is it going to deny the next one; and there is always going to be someone who does not want to pay the fine.  Chairman Nelson stated if Mr. Green does not pay the fine, there is a lien put on the property that will be taken care of at some point in the future when the property changes hands.  Mr. Bowen stated that is correct.  Chairman Nelson stated with the money Mr. Green is going to pay the County, he could be giving it to his bank. 

 

Commissioner Fisher asked Mr. Green if he can promise the Board will never see him again; with Mr. Green responding he promises to pay the fines within 24 hours. 

 

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

 

 

Marlene Adams stated on September 23, 2008, after she received a lot of delay in getting information about certifying the non-ad valorem special assessment roll, she discovered several properties that were not charged anything, but were supposed to be charged something according to the Ordinance.  She stated it was admitted that over 1,800 properties were charged zero; the properties were sent notice that said their assessment was zero; and that is obviously an error or omission.  She stated Statute 197.363(2) is clear that if a county is going to collect special assessments on the tax bill, the assessment roll will be free of errors or omissions; it has to be certified by September 15^th of the tax year; and the Statute allows the County to correct that 10 days prior to date of certifying.  She stated she knows staff knew there were errors because she had so much trouble getting the information; since it was after the 15^th, Attorney Knox said he did not think it would be too prudent to just move forward and not collect the money without getting some sort of opinion from the Department of Revenue; and Attorney Knox made several comments throughout the meeting that it should be free from errors and omissions.  She noted the motion was made and passed unanimously to get the DOR’s opinion on whether or not it would invalidate the assessment completely, or how to get it corrected; and for those who are not familiar with special assessments, it has always historically been done for road pavings and other capital improvements.  She stated Attorney Knox was supposed to get that opinion from September 23^rd; she started asking for it earlier this month; and she finally received an answer that Attorney Knox made a call to DOR and requested information; and he finally wrote an email on December 3^rd.  She stated that is not acceptable; when the Board makes a motion and it is approved unanimously to direct someone to do something it should be done within a couple of weeks or a month.  She advised there is another deadline looming and the Board does not have another meeting before January 13^th; on September 9^th a motion was made to bring forward the steps for getting this fire assessment put on a ballot next year; and she has not been able to get that either.  She stated the Statute reads, “The local governing board shall inform the Property Appraiser, Tax Collector, and DOR by January 10^th if it intends to discontinue using the uniform method of collecting such assessment; and letting the deadline go by is showing that the Board has no intention of not collecting that assessment.  She stated there have been no transfer of funds; she has asked for a date, and she cannot seem to get that either; any property receiving the benefit of a service being funded by a special assessment must pay their share; they even spent thousands of dollars for another outside legal opinion; and that opinion was also that those properties must be funded in some way from some unencumbered revenue source.  She stated it was documented a long time ago that all the other properties were increased by $5 to pay for exempted properties; and that is not legal.  She inquired   how  can   the  Board  meet  a  January 10^th deadline  when  it does  not have another meeting until January 13^th; and inquired if the Board is going to put it on a ballot next year, is it the Board’s intention to have the assessment being collected just in case the voters say no.

 

Chairman Nelson inquired if Ms. Adams believes State Law requires that 100 percent of all notices be correct, otherwise it invalidates.  Ms. Adams responded yes, she does believe State law requires there be no errors or omissions.  She commented on the County not having money for Fire Rescue, but there is plenty of money for tracking equipment.

 

Assistant County Manager Stockton Whitten stated it goes beyond tracking equipment; and he is assuming Ms. Adams is talking about the Mobile Data Terminals, which was approved by the Board; but he will let Chief Neterer explain the benefit of that system.  Chairman Nelson inquired if it was separated by EMS and Fire Rescue. 

 

Dennis Neterer, Interim Fire Rescue Chief, advised the Mobile Data Terminals are being funded out of the fire assessment; the MDT will help improve firefighter safety; when firefighters respond to a fire there are multiple units responding; the system is really an extension of the computer aided dispatch system in that it allows the firefighters onboard the fire engine know the status of everyone that is coming with them; and it allows for mapping and the overhead view of the structure they are going to.  He noted MDT also provides hydrant layering; it allows the commander to see where his assets are; and the CAD system itself also allows the firefighter to see what is being entered in the CAD by the dispatcher, and allows firefighters to see any earmark information for the particular address being responded to.  He stated when responding to structure fires there is a fair amount of coordination that is required amongst the various units responding; and it is a system that benefits firefighting, particularly with structure fires.

 

Assistant County Manager Stockton Whitten advised that was a part of the Capital Improvement Plan as a part of the development of this year’s budget; and so it was an approved item.

 

Chairman Nelson stated the question is, is the benefit strictly for fire, or is it shared with responding, for instance, to an EMS call to a house for a heart attack.  Interim Chief Neterer advised the system will allow an ambulance to find an address; the principle reason for using MDT is for the firefighting aspect.  He stated he would like to point out the 56 men and women that are on the rescue units have bunker gear and firefighting equipment; and those units respond to fires.  He stated it can also be viewed that the EMS system benefits the assessment because without men and women on the rescue units, the engines would have to be stepped up to a greater level; but if Chairman Nelson is asking if there is an ancillary assistance to EMS, then the answer would be yes. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to remove the Special Fire Assessment from the property taxes going forward, allowing the Board to have an opportunity to work a full seven or eight months on the budget and make the other reductions necessary to get the fire assessment off of the tax rolls. 

 

 

Chairman Nelson inquired if Commissioner Infantini realizes she just made a $25 million cut.  Commissioner Infantini replied yes. 

 

Buddy Spakes stated he has done a lot of research and he is very knowledgeable about the Fire Assessment; one of the most important findings he has had is that nearly all of the elected officials that vote in favor of the fire assessment end their political careers; and two of the Commissioners already have a campaign launched against them.  He stated he admires Commissioner Anderson and Commissioner Infantini, as they are what the County needs; stated today he admires Commissioner Fisher for what he did for Mr. Green; and he listened to Commissioner Fisher speak during his campaign and he knows his stand on the fire assessment and he hopes he sticks to his campaign promises.  Commissioner Fisher noted he did not make any campaign promises.  Mr. Spakes stated he attended Commissioner Fisher’s forums and he listened; and he hopes Commissioner Fisher sticks to it or he will be in the boat the other two Commissioners are in.  Mr. Spakes stated in looking at the history of the Board since the fire assessment was hatched, every Commissioner who has voted for it, was booted from office at the next election, with the exception of Truman Scarborough because he termed out. 

 

Commissioner Bolin stated in light of the motion on the table, currently the Board is anticipating that it will be cutting the budget next year to how much, in just what is anticpated coming from the State level; and if the motion passes, the Board is also going to be taking on the secondary.  Mr. Whitten advised if the coming fiscal year is as bad as the last two fiscal years on the tax roll, it is a $20 million reduction; and he envisions that it will be worse than the average of the last two fiscal years.  He stated as a result of the economy, property tax reform, the tax roll has been reduced by approximately $17 to $20 million each year; going forward with that is the same predicament the County is already in for next year, then that is a $20 million reduction on the budgets on the tax roll, on top of flipping, or reversing the flip, of the fire assessment, which is $21 million; and so the two figures are $20 million plus $21 million.   Commissioner Bolin stated the Board is talking about $41 million in cuts.  She inquired how is the Board to fund the Fire Department next year, if the motion passes.  Mr. Whitten replied part of Fire is funded through the non ad valorem assessment, which is approximately $21.3 million through a combination of reductions, some increase in the MSTU millage; the Board would have to get to $21.3 million assuming Fire Rescue’s expenditures are the same for next fiscal year.  Commissioner Bolin inquired if the Board has to trim somewhere else off its budget, will it be $21 out of the General Fund to fund the fire department.  Chairman Nelson noted the Board cannot take it from the General Fund.  Commissioner Bolin inquired how much money does the Board have in the General Fund.  Chairman Nelson stated it cannot be taken General Fund because it is unincorporated only.  Mr. Whitten noted the Fire Rescue budget includes approximately $10 million in reserves, that as the Board knows are going to be used to forgo any increase in the assessment for several years. 

 

County Manager Peggy Busacca advised the Board would have to increase the existing Fire MSTU to offset that, and then decrease the General Fund.  She noted there of approximately $250 million in the General Fund, $100 million is funds for the Jail, the Sheriff’s Department, and the Charter Officers; and the Board would be looking at a reduction of approximately $41 million out of approximately $150 million in other costs.  She stated it would be approximately 25 percent to 30 percent reduction of all other services funded by the General Fund.  Commissioner Bolin inquired if the Board would have to reduce the money for the Constitutional Officers.  Ms. Busacca stated there is $250 million, and of that, approximately $100 million goes into the Jail, the Sheriff, and the other Constitutional Officers; and the remaining $150 million would be all of the other things the Board funds, such as recreation, animal services, housing and human services, and those kinds of things.

 

Commissioner Fisher stated he did not make any campaign promises; stated he is not worried about whether he gets re-elected in four years; and he does not do well with ultimatums.  He stated he is not ready to make a $25 million decision; he wants to go on record that he cannot be intimidated by the threat of not being reelected; and he does not want someone saying he made a promise when he did not.  He stated he is not a big fan of special assessments, but he never said he would get rid of them; and there is a difference.

 

County Attorney Scott Knox stated he is not sure of the ramifications of the motion if it passes; but if the Board has to fund the Fire MSTU as the method for fighting fires in the future, if the millage rate exceeds 110 percent of what it is this year, the Board is going to have to have a unanimous vote of the Commission, in which there has to be a referendum; and if the Board has to go to referendum, it is not going to know if it is going to get that fire millage approved or not, and if it is not approved, the Board will not have any money for Fire, because it cannot take it out of the General Fund. 

 

Commissioner Infantini inquired how the Fire Department was paid for before there was the fire flip fee.  Mr. Whitten advised it was a property tax through the MSTU in conjunction with the other revenues; and there was approximately 2.2034 millage in the MSTU. 

 

Chairman Nelson stated he and Commissioner Bolin were fortunate to inherit this issue; the difficulty has been the Catch-22 they find themselves in, in getting back to some other mechanism for collection because it trips across the County’s self-imposed caps; and the irony is that if it were placed on the ballot, he would vote for the assessment because it is better for him than it was otherwise.  He stated he has supported placing it on the ballot to allow the citizens to speak; the problem has been the difficulty of getting back to it; and to move to do away with that mechanism at this point in time, he does not know how the Board is going to be able to do that.  He stated what Ms. Adams has provided the Board says it has until January 10^th to discontinue; the Board could vote to charge everybody one penny; and the Board would still be in compliance if another mechanism was found as an interim step to fund that, so the Board would not necessarily have to make that motion.  He stated he does not want to paint the Board into a corner at this point in time where it has no options; the County was paying for fire all along out of the MSTU; it got changed for the reasons that are now famous; but it was being paid for; and it needs to be paid for.  He stated the question is how does the Board get to the citizens having the right to say that; and to throw one of those options out without having a replacement option puts the Board in a position in which it has made a decision for the citizens, and a vote is not needed at that point.  He stated he can guarantee there will be just as many people mad at the Board because it did that.

 

Marlene Adams stated the Board may have missed her point; the last time this was all approved there was a motion to get an opinion from DOR; that has not been done; and the Board should have had the opinion by now.  Chairman Nelson stated they are two different issues; what Ms. Adams brought before the Board is one thing; and what the motion is before the Board is much different than that.  Ms. Adams stated Chairman Nelson stated the fee could be reduced to a penny and then continue it on anyway; but if there is an invalid assessment, the Board cannot reduce it to anything; and the Board would have to start over. 

 

Chairman Nelson stated his wife would be happy if she found out he was not going to be reelected; and that is not an issue for him either.  He stated the reality is that he has to be convinced that there is a funding mechanism for fire, because the greatest disservice the Board can do to the community is not have the ability to fund the fire department. 

 

Ms. Busacca inquired if the Board could move forward to put something on the ballot next year; stated she realizes it would be an additional cost because it is not a typical year; and then consider it the year after that for the beginning of the assessment.  She stated it would be a two-year process, and then the Board would know going into the next year’s budget whether or not the assessment had been approved by referendum.  Attorney Knox advised the Board is either going to have to go to straw ballot; if the Board goes to straw ballot, it cannot be done until a General Election; the other way to do it is through the process he described earlier, which is if the Board increases it by 110 percent or more, it can go out for referendum; but then there is the risk it will not get approved.  He stated the 110 percent is tied to the rollback rate, and the Board will not know the rollback rate until July; and it has to be tied to the budget. 

 

Chairman Nelson stated the one option he sees that the Board has is continuing with the assessment; it can always be reduced down to a penny; but if the option is taken off the table, the Board will have shot itself in the foot. 

 

Chairman Nelson called for a vote on the motion.  Motion failed; Commissioners Nelson, Bolin, and Fisher voted nay. 

 

 

Chairman Nelson stated the Board has to come up with a solution.  Commissioner Infantini stated there are no other meetings between today and January 10^th; the Board can raise the taxes more if it has to by the 110 percent by a unanimous vote; and if the Board absolutely does not have any money then all five Commissioners should agree on it.  Chairman Nelson stated he is not going to let go of one until he knows what the solution is; it is one thing to make a decision to stop collecting; but without any replacement mechanism, it is just putting the cylinder on the gun. 

 

Chairman Nelson inquired if there are any Workshops in January; with Ms. Busacca responding there are Workshops scheduled for January 15^th and January 29^th.  

 

Mr. Whitten stated the Board could, in September during budget development, reduce the amounts to zero; the Board could consider the property tax increase; and at the same time consider setting the assessment to zero if January 10^th is an issue.  He stated in other words, the Board could actually say in September that its assessments are now zero.  Attorney Knox stated the Board can do that before September 15^th. 

 

Chairman Nelson stated he would like to recommend the Board have a Workshop on January 15^th to discuss the issue.

 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to approve the purchase of equipment for the Florida Highway Patrol (Troop D) in the amount of $8,434 from State Forfeiture Funds in accordance with Section 932.7055(5), Florida Statutes; and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously.

 

 

 

Pastor Michael W. Shamblin stated there have been several break downs in the church this year; and there have been a lot of donations.  He stated he would appreciate if the Board would approve his request; he understands the Board has a tough job; and he appreciates the work the Board does.  He stated the property needs to be surveyed; a special collection has been taken for the surveying; but he is sure the cost is going to keep going up. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to waive the cost of a Variance by the Board of Adjustment for an addition to the parsonage that was built without a building permit because of the financial hardship of the church.  Motion carried and ordered unanimously.

 

 

 

Matt Dupree stated he represents Lighting Science Group, which is based in Satellite Beach with approximately 100 employees; Lighting Science Group assembles LED lighting; and he noticed the County is using compact fluorescents in its lobby, which is a much better resource than the lighting before it.  He stated even compact fluorescents have a certain degree of mercury, so when the County gets rid of them, they are going straight to a landfill.  He advised by using LED lights, Lighting Science Group is able to reduce the amount of energy needed to light a building such as one within the Government Center.  He showed the Board an example of one of the lights that are used in Satellite Beach.  He stated Lighting Science Group would like the Board to authorize it to study the lighting the County has; Lighting Science Group does not charge a fee to go around and look at lights being used by local government; and he would come back to the next Commission meeting with a simple proposal that says Lighting Science Group believes it can  replace  the  lights.    He  stated  after  replacing  the  lights, the  County’s savings will be such that it will pay less next month than it paid last month, including the lease agreements and everything else.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve replacing current applicable lighting fixtures with energy saving, sustainable LED lighting, as doing so would mean a potential cost reduction of 30 percent to 60 percent in electricity consumption and cost.  Motion carried and ordered unanimously.

 

Upon motion and vote, the meeting adjourned at 4:36 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)