MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 22, 2008

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 22, 2008, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox. 

 

 

The Invocation was given by Reverend Ron Meyers, Faith Viera Lutheran Church, Viera, Florida.

 

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the January 22, 2008, March 4, 2008, and the April 3, 2008 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Charlene Spangler, Secretary for the Central Brevard Chapter of IAAP, International Association of Administrative Professionals, formerly known as Professional Secretaries International, stated they represent all levels of administrative support staff; and they are celebrating Administrative Professional Week, which used to be called Secretaries Week, and Administrative Professionals Day on Wednesday.

 

Chairman Scarborough read aloud a Resolution proclaiming the week of April 20, 2008 through April 26, 2008, as Administrative Professionals Week.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming the week of April 20, 2008 through April 26, 2008, as Administrative Professionals Week, saluting the valuable contributions of administrative professionals in the workplace.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 08-072.)

 

 

Chairman Scarborough presented the Resolution to Ms. Spangler.

Ms. Spangler expressed appreciation to the Board for the Resolution.

Commissioner Bolin read aloud a Resolution recognizing April 2008 as Fair Housing Month in Brevard County, Florida.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing April 2008 as Fair Housing Month in Brevard County, Florida.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 08-073.)

 

 

Commissioner Bolin presented the Resolution to the representative for Fair Housing Month.

 

The representative for Fair Housing Month expressed appreciation to the Board for the Resolution and its support.

 

Commissioner Bolin read aloud a Resolution recognizing April 6, 2008 as Tartan Day for Americans of Scottish Descent.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing April 6, 2008, as Tartan Day for Americans of Scottish Descent; and encouraging all residents of Brevard County to acknowledge heritage of all our neighbors  of  Scottish  descent.  Motion  carried  and  ordered  unanimously.  (See page

                 for Resolution No. 08-074.)

 

 

Rich Schader, President of the Scottish American Society of Brevard, stated they are celebrating their 30^th year; and expressed appreciation to the Board for the Resolution.  Mr. Schader introduced his wife, Reta.

 

Commissioner Colon read aloud a Resolution recognizing and thanking Giles Norrington for his outstanding service.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution recognizing and thanking Giles Norrington for his outstanding service to our country.  Motion carried and ordered unanimously.  (See page                    for Resolution No. 08-076.)

 

 

Commissioner Colon presented the Resolution to Mr. Norrington.  Mr. Norrington received a standing ovation.

 

 

RESOLUTION, RE:  RECOGNIZING GILES NORRINGTON (CONTINUED)

Giles Norrington stated yesterday, Commissioner Colon and others went to the traveling wall, which commemorates 58,256 American men and women who laid down their lives during a very unpopular war; several hundred thousand others came home wounded; the Nation was inattentive to those wounds; and only now are they beginning to pass important Legislation in the Nation’s Capitol like the Wounded Warrior Act.  He noted what has happened here today does not honor him, so much as those with whom he served; he is proud; and thanked Commissioner Colon for allowing him to be a designated spokesman for the several million men and women who served during the Vietnam conflict.  He advised he is very pleased that now this Nation is honoring its returning warriors; those who have been wounded are receiving some of the best care through the VA system; and God Bless Brevard County, America, and the Board.

 

Allison Brown stated she is a Senior at Holy Trinity; they are excited that Governor Crist has recognized the need for Malaria Awareness Day; it is the largest growing disease that is killing people faster than Aids; and it is taking over countries and Africa.  She advised a $10.00 bed net can save up to three lives for five years.  She noted Holy Trinity raised over $1,000 and was able to buy 100 bed nets, which saved about 300 lives; it was really exciting for a small school; Holy Trinity’s goal is to have 10,000 schools across the country participate and hold dances or functions that they love doing; and the proceeds will go to Malaria No More to purchase the bed nets; and the goal is to raise $10 million in the next few years.

 

Eric Johnson stated he is a Junior at Holy Trinity Episcopal Academy; what is really meaningful to him is that it only costs $10.00 to make a difference; it starts by being aware that there is a problem and that it can easily be solved; and Brevard County citizens need to take action.  He advised the Staying Alive website is found at www.malarianomore.org/stayingalive. 

 

Commissioner Colon read aloud a Resolution recognizing April 25, 2008, as Malaria Awareness Day.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution recognizing April 25, 2008, as Malaria Awareness Day in Brevard County.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 08-075.)

 

 

Commissioner Colon expressed appreciation to the young people for what they are doing; and stated they are a role model to the adults.

Shelley Lauten, Director of Myregion.org, gave a PowerPoint presentation to the Board and  an  update  on  Myregion.org.  She  advised   of   regional   priority   areas,  regional

 

PRESENTATION, RE:  MYREGION.ORG (CONTINUED)

 

resolves,  economic  leadership,  education,   environment,   fragmentation,  quality  of  life;  smart, quality growth; 2050 regional growth vision, ideas to results, and working together to implement the vision.  She stated what the School Board Coalition and the Congress of Regional Leaders have demonstrated is that elected officials have been very willing to come together and think about regional scale issues and regional scale solutions, and figure out ways to move forward together in new and different ways; and complimented the Congress of Regional Leaders for their leadership.  She advised three Counties have come together and formed a Regional Commission on Homelessness to think about how to come together as a region to solve that very critical issue; Ed Timberlake, who serves as the Board of Directors for Myregion, actually serves as Chair of that Coalition; and Mr. Timberlake would like to expand that Commission on Homelessness to include all seven Counties, and is working with the board members representing all of the Counties to figure out are there possibilities to bring that Commission to all seven Counties.  Ms. Lauten stated citizens have indicated they would like to see lots of green space, and a more organized and thoughtful approach to growth; there are lots of organizations who play a role in thinking about how they make this vision happen; it is the elected officials at the local level who are responsible for land use and transportation decisions; and they are looking at how to insure global competitiveness and maintain a high standard quality of life, locally, and at a County level, and how to connect it at a regional scale.  She noted the packet identifies the priorities, as well as some recommendations that have been brought forward to the Myregion Board of Directors on what they should concentrate on in the next phase; she would like to receive feedback from the County Commission; and the County Commission’s representative is Commissioner Voltz.

 

Commissioner Colon stated it is very important to be able to get feedback from Brevard County; she is glad Myregion is dealing with issues such as homelessness, education, etc.; expressed concern regarding global competitiveness; and she believes in cooperation and planning.  She noted she would like to see if Myregion has a safety concerning the whole global competitiveness of who would be investing in these projects; she has great concern of investors that are coming from the Middle East; and it is critical to also have some kind of factor in regard to Homeland Security of who are the players that will be interested in coming.

 

Commissioner Bolin inquired has Ms. Lauten done anything in Brevard County with the prism.  Ms. Lauten responded affirmatively, and advised that Brevard County’s School Superintendent has been one of the largest advocates for it; he is an amazing asset; he has really led the effort region wide; and all of the school boards have met together and are meeting on a regular basis.  Commissioner Bolin stated the situation Brevard County is in is a high priority as far as regionally assisting it and getting people employed when the layoff starts.  Ms. Lauten stated the Board has always brought the importance of aerospace to the conversation; but there are parts of the Region still that need to be reminded of that; the Space Summit is going to be very important; the audience is going to be very broad from across the Region; and that is the kind of advocacy that is needed to encourage long-term commitment to the Space Program.

 

Commissioner Voltz stated at the meeting on Friday, Jacob was very adamant about space  and  how  this  is  not  just  a  Brevard  County  issue; it  is a Regional, State, and

 

PRESENTATION, RE:  MYREGION.ORG (CONTINUED)

 

National issue; he talked quite adamantly about making sure that everyone is on board and not just Brevard County; and she was very pleased to hear that.

 

Commissioner Nelson stated his interest has always been that the promise of How Shall We Grow? is that if one allows density in some areas where the infrastructure exists, preservation occurs in other areas; Brevard County is not there yet; while it is continuing to work on it, it is looking for those tools; and the real challenge is that much of the land where the preservation needs to occur is unincorporated.  He noted cities understand how to develop; they do not have any problem understanding that they can create density; but there is no mechanism at this point that ties the two together; and that is going to be the greatest challenge over the next year or year and a half, to bring that together so that the promise is met.  He advised his interest is to make sure that happens; he does not have a problem with increased densities and cities where the infrastructure exists; but if it is not tied to that preservation and conservation, then the County has failed; and all it has done is stockpiled land for future development at that point.

 

Chairman Scarborough advised there are systems that exists; it could be a transportation system, education system, and a cultural system; one of the things the Board is cognizant of is that the systems impact the other systems; and the systems mix and mingle.  He stated each of the Commissioners are taking separate workshops and trying to talk about their particular issue; and he is proud of the Commissioners and the jobs they are doing.

 

Ms. Lauten applauded the County Commission’s leadership.

 

 

 

Frank Kinney, Vice Provost for Research for Florida Tech, gave a presentation to the Board concerning the Florida Advanced Combustion Center; advised the academic partners include Embry-Riddle University, University of Central Florida, and Florida Atlantic University; and two businesses in Florida that are also supporting it include Siemens Power Generation located in Orlando, and Florida Turbine Technologies located in Jupiter.  He stated Myregion.org is supportive; there is a strong nexus between the space issue and the project he is talking about today; the Florida TODAY and Orlando Sentinel have provided Editorial support for this project on several occasions; and expressed appreciation to the Spaceport Commerce Industrial Park Board, which met last week and unanimously supported this project as well.  He thanked the County Commission for the focus it has provided to the whole space issue and the job loss at Kennedy Space Center; advised the Space Program is important to the community, State, and entire Nation; the future of the Space Program is uncertain at this point; there are other issues that the Country is focused on that probably have higher priorities than Space; and energy is one of those issues. 

 

Mr. Kinney stated the ability to compete on a world market will depend upon the ability to produce  inexpensive  energy  and  to  become  self-sufficient;  those are going to be the

 

 

PRESENTATION, RE:  FLORIDA ADVANCED COMBUSTION CENTER

 

challenges they face as a Country; it has been negligent in that regard; but it has to play a little catch-up; and this is a unique opportunity for the community to play a role there.  He advised it has played a key role for the last 50 years in supporting this Country’s Space Program; and he sees this as an opportunity where it can play the same type of role in the area of energy.  He stated what is unique about this project is there is at least one major player in the private sector who is a world player, Siemens Power Generation; the economic benefits do not stop at the County line; the issues of jobs is certainly paramount in this effort; and they are looking at primary and secondary jobs, which is approximately 1,280 jobs that are forecast over a 10-year period for this project.  He advised Florida Turbine Technologies has committed to 160 jobs, and those are jobs in Brevard County; it is a small business located in Jupiter, Florida; it is interested in coming to Brevard County and locating a manufacturing facility in North Brevard in close proximity to the Florida Advanced Combustion Center, if the Center becomes a reality; and Siemens Power Generation has expressed a willingness to sign on the dotted line to the tune of 150 jobs, but the jobs will not be in Brevard County and will be most likely be in their facility near the University of Central Florida. 

 

Mr. Kinney stated he is talking about high-paying, engineering-type jobs; the estimate both companies have given as far as the average value of wages for those jobs is $82,000 per year; and these are the kinds of jobs that are needed.  He noted the other piece of this as far as jobs that would be here in Brevard County are the jobs that would actually be located in this Center that would be located at Kennedy Space Center; it is approximately a $50 million facility they are endeavoring to try to fund; they are seeking funding from the State for that purpose; and in order to operate the Florida Advanced Combustion Center at Kennedy Space Center, it will require approximately 30 employees.  He stated in terms of jobs here in Brevard County, that adds up to 210 direct jobs that they can count; they are looking at 920 secondary jobs; it is very difficult to get financial commitments out of the private sector; and they are hoping to get commitments from the State to the tune of $50 million.  He advised $5 million has been committed by Siemens for donated equipment; there is also a commitment of $5 million at least per year to cover operational expenses for the first 10 years, which is a $50 million commitment from Siemens; another major piece is the $15 million commitment Siemens has made to fund university research associated with the Center; and Siemens is prepared to make that commitment to Florida universities to do research as part of the Center. 

 

Mr. Kinney stated $175 million is what they are anticipating as part of this project; going into this Session, the Governor had requested some significant economic incentives from the Legislature; he had requested $200 million go into an innovation fund, which was last year funded at a level of $150 million; and he wanted $100 million of that earmarked specifically for energy projects.  He noted the Governor’s closing fund last year was funded at $50 million; they requested another $50 million this year; there is approximately $50 million in total economic incentives right now that are floating around in Tallahassee and are going to be resolved during Congress; and the Legislature will be passing a budget in about two weeks.  He stated this project is a partnership opportunity; and  the  capital  investment  is needed from the State in order to make this happen.  He

 

PRESENTATION, RE:  FLORIDA ADVANCED COMBUSTION CENTER

 

expressed appreciation to the Board for its support; and stated he looks forward to coming back to it.  He stated the partners will come to the Board at a future date; he will bring the companies, as well as other university partners, to talk to the Board about the project; NASA has been very supportive; and Boeing and Lockheed have given letters of support as well.  He stated this facility will not just be used for power generation issues, but it has a lot of potential value as well to the future space development that they hope will take place at Kennedy Space Center; it is a unique opportunity; and they will be coming back to the Board with a specific request at a later date.

 

Chairman Scarborough stated the County Commission wants to look at other opportunities; Commissioner Nelson met with the Department of Energy; that is one thing the Board wants to pursue; and the Department of Energy is already $45 million into funding this project.  He advised the Board would like to see some type of statement/commitment from Department of Energy that it will look to the Kennedy Space Center; if the County is to pursue land, the two things he would like to see coming forward is, is this a tool that it wants to consider generally; it is going to give land if the company comes here and creates jobs; and inquired how does the County take what Mr. Kinney is proposing and put it into the context of the analysis that it did when it granted the Jaguar transaction.  Chairman Scarborough requested those two issues be pursued so that when Mr. Kinney comes back to the Board that the County can proceed more expeditiously.  Chairman Scarborough stated the Board is very excited about the context of expanding or redefining a broader context for Kennedy Space Center; turbines and rockets have a lot of issues similar that can have a transfer of job skills; and the Board applauds Mr. Kinney for his efforts.

 

The Board acknowledged the presentation by Frank Kinney, Vice Provost for Research, concerning the Florida Advanced Combustion Center, but took no official action on the item.

 

 

The meeting recessed at 10:39 a.m. and reconvened at 10:53 a.m.

 

 

 

Susan Norckibauer, Flag Chairman of The Abigail Wright-Chamberlain Chapter of the Daughters of the American Revolution, introduced Delaine Wells, Chapter Regent, and incoming Regent, Judith Kremer.  Ms. Norckibauer stated this is a special presentation for Commissioner Voltz and the Board for her devotion to the American Flag and also her dedication in insuring that the flag is properly displayed, and proper etiquette is shown to the flag. 

 

Ms. Wells made the presentation to Commissioner Voltz and the Board for properly displaying the flag in all of the County facilities.  She expressed appreciation to the Board and Commissioner Voltz.

 

Commissioner Voltz advised she appreciates the award.

 

Commissioner Voltz requested Staff Recognition be moved on the Agendas prior to Resolutions, Awards, and Presentations.

 

Chairman Scarborough stated Staff Recognition could be moved as the first item under Resolutions, Awards, and Presentations.

 

Commissioner Voltz stated recently a citizen of Little Hollywood, located at the southern end of Brevard County along the Sebastian River, called her Office exasperated with automated answering machines from various government offices; after talking with him and deciphering just what he really needed, her Office requested Frank Scarvelas, Floodplain Administrator for Brevard County, call him; within hours of the request, the constituent had been contacted by Mr. Scarvelas and given accurate information concerning his need for flood insurance as a condition to receive financing.  She noted the citizen was also provided with a written determination to offer his insurance company accurate information from the County; as a result of researching this citizen’s property, Mr. Scarvelas also found that the citizen unknowingly fell within the preferred risk policy under the National Flood Insurance Program, which is the least expensive form of flood insurance; the constituent was more than satisfied with all the information provided to him by Mr. Scarvelas and extremely grateful, as he saved a lot of time and money; public servants like Mr. Scarvelas are the model that the Board wants to recognize.  She advised it gives the Board great pleasure to honor Mr. Scarvelas for his professional service, his compassionate nature, and his diligence to complete the task; his action served to restore a citizen’s faith in government service; and this is only one example of the many citizens Mr. Scarvelas has assisted because of his superb work ethic and attention to detail.

 

Commissioner Voltz expressed appreciation to Mr. Scarvelas for all he does for the citizens of Brevard County.  Commissioner Bolin thanked Mr. Scarvelas for his professionalism and efforts.

 

Mr. Scarvelas stated he is just doing his job; the vision statement includes preserving the quality of life; in his work, one goes a little further toward the protection of life and property; and when a citizen hits a brick wall, he does what he can to cut the red tape.  He noted people at FEMA know him on a first-name basis; he is Nationally certified as Floodplain Manager by the Association of State Floodplain Managers; he currently serves as a Board Member on the Florida Floodplain Managers Association; and he may be nominated to serve as Vice-President for the next year.  He stated he waves the flag of Brevard County proudly at all of these; if there is funding out there he fights to try and get it; and Brevard County serves as a model for the municipalities in the County.

 

 

Commissioner Nelson advised it is Earth Day 2008; there was a big function at the Enchanted Forest last weekend; and the Board will be looking at some initiatives coming up in the future.

 

 

 

Commissioner Nelson advised a week ago Sunday he attended the dedication of the Korean War Memorial at the Veterans Center on Merritt Island; and there was a nice luncheon and a very touching dedication of the new Memorial.

 

 

 

Commissioner Nelson stated last Saturday was Trash Bash; Keep Brevard Beautiful did a great job; and there were a lot of volunteers from different corporations and communities throughout Brevard County.

 

 

Commissioner Nelson stated the Vietnam Wall Reunion last night was very touching; and it is important to honor all the veterans.

 

 

Commissioner Voltz inquired about the fire assessment information from Alan Watts.

 

County Attorney Scott Knox responded Mr. Watts was on vacation last week; and he expects the information will be finished this week.

 

 

Commissioner Voltz stated Commissioners Bolin and Nelson, and herself went to Colorado Springs, Colorado; the conference was very informative; the gentleman from the FAA was talking about commercial space and the need for it; and it was well worth the trip out there. 

 

Commissioner Nelson advised there are a number of companies who are looking to either come to or expand in Brevard County; they recognize the County’s workforce; they are struggling Nationwide to fill jobs; and they are interested in coming here.

 

Commissioner Bolin stated Brevard County is not alone; the County is working very diligently on all aspects of this; people from all over the United States and the world acknowledge the fact that Brevard County has this problem and they are all working with the County to solve it; and it was a very successful trip.

 

 

Commissioner Bolin advised the Jewish Festival was held in Melbourne; it was well attended and nice; and everyone had a wonderful time.

 

Commissioner Colon advised the Crime Prevention Summit is going to be held this Thursday; they are going to be discussing the different cooperation and partnerships that are going on between themselves and the County; and the Chiefs of Police, Sheriff, and State Attorney will be present for the dialogue.  She advised the County/City/State Summit will be in Cocoa at the Agricultural Center on Friday at 9:00 a.m.

 

 

Chairman Scarborough complimented and expressed appreciation to the Commissioners; stated Commissioners Nelson and Voltz have been in Washington, D.C. meeting with NASA and Department of Energy; Commissioner Bolin is meeting with the Candidate Strategy Committees trying to get space integrated in that; and they know that Brevard County is there and is a player.  He stated in May, Commissioner Bolin is going to have the CEO’s come in and talk about how to use different methodologies; last year the Board had two space workshops; Brevard County is a unique place on this planet; and there are ways the County can present to the greater community, including the people in the Mid West and the West Coast of why it is vital that this Country does not lose its capacity to be a player in Space.  He advised this is a fantastic Commission who has visions and has not given in or given up; it has tried to find answers; and it is his pleasure to compliment the Commissioners for what they are doing.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize Natural Resources  Management  Office  to  enter  into agreements for and receive contributions

from other parties to construct, enhance or upgrade County stormwater projects as offsite mitigation for resource impacts permitted by the St. Johns River Water Management District (SJRWMD) or Florida Department of Environmental Protection (FDEP); authorize Natural Resources Management Director Ernie Brown, and the County Manager to accept these types of contributions up to their respective signature authorities (currently $25,000 for the Director and $100,000 for the County Manager); and authorize the necessary budgetary changes.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve concurrence regarding the application of Chapter 62, Article X, Division 3, entitled Surface Water Protection, Section 62-3666(10), redevelopment activities in the surface water protection buffer.  Motion carried and ordered unanimously.

 

 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve letter expressing support for and a commitment to the development of a spoil island restoration program in cooperation with Keep Brevard Beautiful (KBB).  Motion carried and ordered unanimously.  (See page                       for Letter.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve initiating the formation of a stakeholder working group to evaluate and make recommendations to the Board on amendments to Chapter 62, Article X, Division 3, entitled Surface Water Protection.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing the Contract dated December 12, 2006 for Northern Tool – Wendell Corey.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 08-77.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing Contract dated March 6, 2007 for the Water’s Edge, aka Wyndham Drive Extension – The Viera Company.  Motion carried and ordered unanimously.  (See page

                     for Resolution No. 08-78.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize hourly rate permitting fees to be imposed in lieu of applying the existing Land Development and Natural Resources fee schedules adopted in Resolution No. 2006-285 and 2007-064 respectively.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive a portion of the 15-foot perimeter buffer tract pursuant to Section 62-2883(d), at the entrance to the proposed subdivision and allowed a 15-foot buffer easement on the east side of the entrance.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Second Amended Binding Development Plan Agreement and Exhibit A with D & E Hardware Company for property located on the northwest corner of Roberts Street and U.S. 1.  Motion carried and ordered unanimously.  (See pages                         for Agreement and Exhibit A.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize sole source procurement for the Gradall Hydraulic Excavator 4100 from Great Southern Construction Equipment Co., per Florida State Term Contract No. 760-001-08-1.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Sanitary Sewer Line Easement from Margaret Campbell, Lakes at Murrell, LLC and Majesty Florida Limited Partnership.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to advertise a Request for Proposals (RFP) for underground utility contractor support in the emergency repair of the utility system, and appoint a Selection Committee consisting of the County Manager or designee, Utility Services Director or designee, Water and Wastewater Manager or designee, Utility Services Engineer or designee, and Transportation Engineering Director or designee.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize park staff and the County Attorney to prepare the appropriate documents allowing the Magnolia Bay Condominium (Condo) to mitigate on the County right-of-way as required by SJRWMD for the Condo’s private two-slip dock; and authorize the Chairman to execute the appropriate documents to include removal of exotics, wetland mitigation plantings, additional landscaping along existing path, and construction of a six-foot concrete path, with long-term maintenance by the Condo.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairman to sign the Agreements with the St. Johns River Water Management District to construct monitoring wells at Lori Wilson Park in Cocoa Beach, and Kings Park in Merritt Island.  Motion carried  and  ordered unanimously.  (See pages

                         for Agreements.)

 

 

Motion by Commissioner Voltz, seconded by Bolin, to authorize the Parks and Recreation Director to execute Professional Services Agreement Amendment No. 23 with Kimley-Horn and Associates, Inc. for $15,995 for services required for Irene H. Canova Park; and authorize the County Manager and the Parks and Recreation Director to execute any required amendments with Kimley-Horn and Associates, Inc. when the specific amendment is under $100,000 or $25,000, respectively.  Motion carried and ordered unanimously.   (See page              for Professional Services Agreement Amendment No. 23.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairman to sign the Authorizing Resolution, Grant Application, and the use of Florida Department of Transportation (FDOT) Toll Revenue Credit for the FY 2009 Urbanized Area Formula Program Public Transportation Capital and Operating assistance Grant from the Federal Transit Administration (FTA) in the amount of $5,146,050 for Space Coast Area Transit, and allow staff to submit the Grant Application

 

electronically; authorize the Transit Services Director to execute and submit the Grant Agreement electronically, contingent upon County Attorney and Risk Management approvals; and authorize the Transit Services Director to execute any additional follow up documentation/resolutions and amendments necessary to secure these funds.  Motion carried and ordered unanimously.  (See page                         for Resolution.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a new Agreement with the East Coast Zoological Society, which completes the Phase 1 – Africa Exhibit, permits the planning, development, and construction of the Paws-On Area, the Admissions and Cheetah Areas and permits the Zoo to refinance the current loan plus $2,344,911 and cost of issuance not to exceed $25,000, and provides for a termination date for the TDC Capital Facilities funding upon satisfaction of the original loan amount with continued funding from 15% of the third-cent tourist tax; and authorize the Chairman to execute the Agreement.  Motion carried and ordered unanimously.   (See page                     for Agreement.)

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the request to terminate The Zimmerman Agency Website Maintenance Agreement, exercising Section 13.a of the Agreement, which provides termination for convenience with written notice at least ninety (90) days prior to the effective date of termination, or July 22, 2008; and approve Alternate Image, the current website’s booking engine host, be able to host, maintain, and develop the TDO’s website from July 22, 2008 through the end of the fiscal year.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the proposed changes to the TDO Operating Procedures Manual.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Rockledge Community Redevelopment Agency Annual Report for Fiscal Year Ended September 30, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the City of Melbourne’s Comprehensive Annual Financial Report (CAFR), including the financial activity of Melbourne’s Community Redevelopment Agencies, for Fiscal Year Ended September 30, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #05-2689 from $4,100 to the reduced sum of $0.00 (zero); and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairman to execute an Amendment to the Bond Counsel Retainer Agreement with Holland & Knight, LLP.  Motion carried and ordered unanimously.  (See page                       for Amendment to Agreement.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize permission to bid and award contracts with the lowest, qualified, responsive bidder(s) regarding repairs and/or replacement of roofs/chiller stands at the Brevard County Government Center, Viera; Fire Station #82, West Melbourne; and Fire Station #43, Merritt Island; and Titusville Public Library Roof; and authorize the Chairman to execute contract(s) for same.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve scheduling the Health Insurance Workshop at 1:00 p.m. on May 22, 2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve scheduling a workshop on August 12, 2008 at 9:00 a.m. to discuss Community Healthcare and Elderly Issues.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with 211-Brevard for ongoing readiness and disaster response services; and authorize the County Manager or her designee to execute any documents associated with the Agreement.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Memorandum of Agreement (MOA) with the Orange County Sheriff’s Office; direct the County Manager or her designee to execute Agreement in accordance with the provisions of the Agreement and sign any subsequent documents associated with the Agreement; and  authorize  the  Emergency Management Director to act on behalf of the

Board of County Commissioners for issues concerning this grant with the Orlando Urban Area Security Initiatives.  Motion carried and ordered unanimously.  (See page            

for Memorandum of Agreement.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute State-Funded Sub-Grant Agreement with the State of Florida, Division of Emergency Management, for the expansion of the Emergency Operations Center; authorize the County Manager or her designee to execute any documentation or actions associated with the Grant; and approve a Budget Change Request for $175,000.  Motion carried and ordered unanimously.  (See page                                for Agreement.)

                                                                                   

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendment to Agreement with Tusa Consulting Services, Inc. of New Orleans, Louisiana, extending the Agreement period to May 31, 2008 to allow for the consulting report to be completed per the terms of the Agreement.  Motion carried and ordered unanimously.  (See page                      for Amendment to Agreement.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Revised Precinct Legal Descriptions for changes to existing precincts due to annexations by the Cities of Grant-Valkaria, Palm Bay, Palm Shores, and Titusville.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge receipt of the Brevard County Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Bills and Budget Changes.  Motion carried and ordered unanimously.  (See pages

for List of Bills and Budget Change Requests.)

 

 

Parks and Recreation Director Don Lusk advised the item today is as a result of what the Board did back in November 2006; staff asked the Board for permission to advertise a Request for Proposal that dealt with management of the entire equestrian facility; at that meeting, the Board directed staff to go an alternate direction, which was to put out a Request for Proposal for a recreation assessment of the facility; and there were four responsive proposers to the Request for Proposal.  He stated basically what today’s action is, is the Committee selected SMG, which is the firm that has a great deal of public recreation experience and equestrian experience; with today’s action, staff will be negotiating a price and agreement with them to complete that work for the County; all of the proposals were at a price that the County does not have the money for; however, staff did set aside, when the Board went this direction, some funds to do that; and staff set aside a budget of $12,000, but he does not want to spend that amount of money.  He

 

noted if staff cannot negotiate something at a very reasonable price, which will be $12,000 or under, staff would not follow through with that action; from a staff perspective, it still believes it is a positive direction to go with regard to that particular facility; and it may be sort of a harbinger for what may come in the future if one talks about budget reductions in terms of what the County will do with its other facilities as operating dollars shrink in terms of how it might be able to operate them.

 

David Palmbach provided information to the Board; stated two arguments bring them to today’s vote; two Commissioners hold to these two arguments; they hope to present facts to turn these arguments into no votes for this agenda item; and argument one is to assess and review all capabilities within Brevard County for the equestrian facility.  He noted this proposal does not meet that goal; this proposal is only for Wickham Park; they believe it falls short if they are not going to do the entire County; and they also believe the County can receive this assessment from the users who, for many decades, have being using a facility who have been listening to both majority and minority opinions, and developing a world class facility, incorporating changes and adopting to the vision that the Wickham Park Advisory Board has set.  He stated if the Board believes that a consultant effort would be important, SMG is not the Company; it has no experience in local parks; its experience and its marketing specifies large, regional, and national shows, including motocross events, and monster truck events; and no advisory board is supporting this effort here.  He stated argument two is cost and financial concerns; inquired is it wise at this time as the County embarks on a government efficiency effort to spend this money when it can do it internally; advised Park staffs and users have been operating this facility without a consultant, and they have done a great job; and expressed economic concerns and economic slow down.  He noted this is not the time to spend more money; there is a memo that directed the Parks and Recreation Department in 2006 to write a draft management plan; and inquired where is such plan.  Mr. Palmbach requested the Board vote no on this measure; and stated he guarantees that the user community, the Advisory Board, and Parks staff will incorporate any changes that are necessary to make this a world class facility.

 

Jennifer Fountain requested the Board honor promises made to the Brevard County taxpayers over seven years ago on November 7, 2000 concerning the public parks, specifically the Wickham Park Equestrian Center; stated she has faith in the Board today that the original promises made to the citizens of Brevard County to honor the will of the referendum vote will be heard; in January 2004, the citizens were given a written guarantee from the South Area Manager that all horse boarders who currently have a stall and are in financial good standing with their permits would be guaranteed a stall upon completion of the equestrian area; and the mission statement for the referendum projects for Parks and Recreation was as follows:  “To contribute to the quality of life in Brevard County by providing leisure activities reflecting the interest and values of its citizens and visitors.”  She noted project elements included renovations of aging facilities; the conceptual plan for the improvements at Wickham Park was approved by the  Wickham Park Advisory Board on March 5, 2003, the South Area Advisory Board on

 

 

 

March 17, 2003; the horse barns have been a part of Wickham Park since the early 60’s; and the barns were described to be in very poor shape.  She stated based on dialogue with the Advisory Boards and equestrian users, the barns were to be replaced; on August 2, 2004, Brevard County entered into a Contract for the construction of the equestrian barns; the price was based on barns with input from horse-boarding representatives, staff, and Advisory Boards; and the final design was to have produced a facility that was durable, safe, sanitary, economical, and met the requirements of the users.  She advised this was never accomplished as the Contract was terminated by the County in 2006; on June 26^th they received a corrected version of a recent barn plan from Bill Ross; when a decision was made by the Board to terminate the previous Contract, bids went out again to find a contractor to build the barn; and the citizens were expecting things to move forward in the will of the people’s vote in 2000, but the barns have been finished for a while now and the Park still lays empty of its original occupants.  Ms. Fountain requested the Board honor the original scope for this project and the Advisory Board’s recommendation from years of Committee meetings with the referendum members and the Citizen Committees for what they want for their Park; stated the Wickham Park Advisory Board never directed the facility to be privatized; and it never directed an alternative use of the facility, nor did it raise the issue of use to the Board to seek direction from it.  She advised on May 16, 2006, the Board directed staff, by unanimous vote, to write a draft management plan and to involve the user group to determine these things; this user group submitted its draft of contents on May 17, 2006; and to this day, it has not heard anything.

 

Ms. Fountain stated she does not support Proposal P-2-08-05 as it goes against everything the Wickham Park Equestrian Center means to the community; and requested the Board direct staff to write the operational plan as directed in a 5:0 vote by the Board in 2006, almost two years ago, and give the people their park back as it was promised to them almost eight years ago.  She asked that the Board appreciate, like the citizens do, the fact that Brevard County has in Wickham Park a one of a kind place for horse people and a community gathering place; it holds a special place in their hearts; and they, in good conscience, cannot promote having a private enterprise come in and dictate to them what they can do within the bounds of a public park.

 

Scott Ellis stated he does not understand how something that started so simple over 40 years ago with plywood barns by Joe Wickham has evolved into what it is today; the concept back in the early 60’s was to build some barns in Wickham Park, which was an extremely large Park at that time for Eau Gallie; if someone wanted to have a horse and lived in Sherwood Park, Grandview Shores, Cresthaven, or Leewood Forest, they could board their horse out there at their expense and with their labor; and they did the labor on the plywood stalls and took care of the horses.  He noted there were no attendants there; every once in a while there would be a ranger or parks maintenance person come by; now this has evolved into something that is way beyond what it was originally; and the County has lost the original purpose of what it was there for.

 

 

 

 

Commissioner Bolin stated she would like to go forward with $12,000 or under; she wants some basis to give her an idea of where to start; if the Board decides it wants to go with the full boarding, then it needs to work on the second problem there; and leasing out is problematic because there are new laws.  She noted Assistant County Attorney Morris Richardson is the expert on that; the Board would have to proceed on what are its options to actually legally lease out the stalls to individuals; that is an issue it has to take on itself; and this is not to privatize and it is just to give the Board an idea of what direction is the best use of the Park.  She stated the Board has other options; as soon as it finishes a couple of things, it can open up the Park for all usage; but until the legal end of it is solved on how it can rent out long-term stalls, it would have to open up for day usage until that is solved; and these are some of the things she wants to look at.  She advised the Board can ask for some of the information from Mr. Richardson of how it can concur the law issue; then it can go into how it is going to be able to put boarders in there equitable and how are they done; and she believes if it became known that the County was going to be able to lease out for long-term boarding there, it will probably snap up very quickly with people who want to use it.  Commissioner Bolin stated if the Board is able to do long-term leasing all of these stalls, she will not and cannot with all conscience use taxpayers money to subsidize the price to have stalls; it should be at fair market value; and maybe because the equestrian program interest is so large, perhaps there should be a Countywide equestrian management committee and not have it just localized in one spot in Wickham Park.

 

Commissioner Voltz stated the County does not have experts on staff and that is why it is going out to get an expert to look at how it should do things; the experts are not going to dictate to the County how to do things, and that is the Board’s final decision; the County does not need to be subsidizing private stalls for people who cannot afford other ones; and she does not believe that is something that the general public wants the County to do.  She advised she does not agree with subsidizing golf courses or anything else, so she is not just picking on this; she has talked about the golf courses in the past; she agrees with Commissioner Bolin that if the County is going to do this, it is going to be at full boarding price or a fair market value; and she supports the item.

 

Commissioner Nelson stated he understands what the direction was in 2000; it was to take a facility that had aged and was no longer meeting its needs, and to replace it with one that was maintainable, to bring things into Code, and to then allow the renters to go back; that was the promise; that is how it got on the referendum; and that is how it was presented, and it has never changed.  He noted this is a case where the County is looking at a change in the concept of how it operates versus some other condition; if the Board challenges Mr. Richardson to figure out how the County gets to a rental facility, he will come up with a way; there is going to be a way because it is done in other locations; and the question before the Board is does it want to go to an event-based facility or does it want to continue with the type of facility it had with updated rules and updated prices.  He stated those are all things that need to be done; he believes there are folks in the community  that  have the expertise to do what needs to be done; it is not uncommon for

 

 

 

the County to reach out into the community; and the County can always go back and do the study if that effort fails, but it should try first to do it itself.  Commissioner Nelson stated he believes this commitment was made to a group; this is a community use, a historic use; the basic premise is that the County had a facility for citizens to stable; and he does not support subsidizing, but he does not think it ever did.  He noted any new rate structure would recognize that; the Board needs to give the community an opportunity to create the rules and look at it as it was promised to them; and if that fails, the Board always has the option of coming back and addressing it in a separate fashion at a later date.  He advised he does not support the proposal because he believes the County can do it locally.

 

Commissioner Colon stated the folks that were there never asked for a brand new stall; the County said they needed to knock them down and put in new ones; she has had so many meetings with the folks; she agrees with Commissioner Nelson in regard to the County doing it itself; and there is no need to make it difficult.  She noted there is always a group that is always a champion for everything the County does; she is sorry for all of the red tape and bureaucracy that has come along the way; but she does not see it any different than what the County has done with other projects; and it can do this itself.  She stated it comes down to the County’s word; and the Board needs to keep it simple.

 

Commissioner Nelson advised the County does a variety of recreational activities for all different numbers of folks; in this particular case, it was just replacing a facility that was already there; he believes it was a very simple project, it moved forward, and the County finds itself at this position where it has made this commitment; and the County has done some very good things.  He stated there can be a simple approach; the County can try to see if it can do this project locally; and the $12,000 can be put to a better use.  He noted the study is going to tell the County what it basically knows, that the facility is too small for major events, and it needs some reasonable rules; and that is what the study is going to come back and say.

 

Commissioner Voltz stated spending $12,000 or even $20,000 to figure out that the County needs to run this facility in a proper manner is well worth it; the County spends money for a variety of different things in the community; this is well worth the money to tell the County how it can spend the taxpayers’ money wisely; and those are the dollars the County needs to be very careful of, especially these days, with what it is that it is spending. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve establishing a Negotiating Committee of Don Lusk, Parks and Recreation Director; Jeff Whitehead, South Area Operations Manager; and Morris Richardson, Assistant County Attorney, to negotiate with the best ranked proposal received from RFP #P-2-08-05, Equestrian Recreation Assessment Services for Parks and Recreation; upon successfully completing the negotiations, award to best ranked proposal; authorize the Chairman to execute the negotiated agreement, and delegate the County Manager or designee  the  authority  to  execute  amendments  as  will  be  outlined  in  the Contract,

 

 

 

contingent upon County Attorney and Risk Management approval; and if the Negotiating Committee  cannot  reach  a  successful  agreement  with   the   best   ranked   proposal,

authorize permission to negotiate and award with the second-highest ranked proposal.  Motion carried and ordered; Commissioners Nelson and Colon voted nay.

 

On Tuesday, April 22, 2008, at 11:30 a.m., or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in Stack v. Brevard County, Case No. 05-2004-CA-025310-XXXX-XX.

 

The persons attend the attorney-client private meeting will be:

 

Truman G. Scarborough, Jr., County Commissioner, District 1

Chuck Nelson, County Commissioner, District 2

Helen Voltz, County Commissioner, District 3

Mary Bolin, County Commissioner, District 4

Jackie Colon, County Commissioner, District 5

Peggy Busacca, County Manager

Scott L. Knox, County Attorney

Eden Bentley, Deputy County Attorney

Angel Hampton, Brevard Associated Court Services, Inc.

The attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C” at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940.  The estimated length of the attorney-client session is one hour or less.

 

The session is commenced as part of the open meeting on the above indicated date.  As part of the open public meeting, the Chairman of the Board announces that the attorney-client session has commenced and, upon approval of a motion to adjourn for an attorney-client session, the attorney-client session shall thereafter adjourn and reconvene in the County Manager’s conference room.

 

At the conclusion of the private attorney-client session, the open public meeting shall be reopened and the Chairperson shall announce the termination of the session.  A transcript of the executive session shall be made part of the public record upon conclusion of the litigation.

 

 

The meeting recessed at 12:07 p.m. and reconvened at 1:20 p.m.

Tony Grippa, representing Brown & Brown of Florida, Inc., stated his Company has been Brevard County’s broker for the last five years; there was an RFP; as his Company was responding to it, it responded to it completely, except for one thing, it forgot to sign the first page, which threw it out of the evaluation process; and it is completely the Company’s mistake.  He noted unfortunately, it is going to result in a $30,000 a year increase to the taxpayers of Brevard County, based on the number two bidder; the lack of competition usually leads to increased pricing; his Company also has offices in Melbourne and Titusville; and it employs more insurance professionals in the State of Florida and he is pretty sure in Brevard County, than any other insurance broker.  He requested the Board send this back to the Selection Committee to review the proposals based on the merits; stated if the Committee comes back with the same recommendation then so be it; the Company’s Contract runs to June 1, 2008; so the County has a renewal on a property; and the whole account is in excess of $4 million.  He advised it will be done because the County has already paid the Company to do it; the other piece goes to October 1, 2008; so there is no sense of urgency in this and taking a couple of weeks to have it evaluated; and the Company has done this account in the past for $75,000, which is the fee.  He stated he believes the second bidder is at $105,000 or $110,000; it is real money; the Company would like to retain Brevard County; and the Company does 400 public entities in the State of Florida.  He noted the Board has the ability to waive its Code.

 

Steve Farmer, representing Brown & Brown of Florida, Inc., stated he made a big mistake; he left a document out of this particular 70-page document; it is an important document and he admits that; and it was not the Company’s intent not to sign that document, and not its intent not to agree to the terms of that document.  He advised the Company has worked with Brevard County for five years now; the Company understands the ramifications of working with Brevard County and what is involved in that; and the Company got its homework in late.  He stated within the RFP, there is clear language that Purchasing has the ability to waive defects and informalities in one of these RFP’s; that is where he is going to hang his hat; the situation here is simple; and his Company’s quote is $30,000 lower than the top-ranked firm.  He noted his Company believes that warrants at least the Committee looking at Brown & Brown’s proposal, and then ranking it against the other companies; and if it finishes second, so be it, and it will walk away quietly.  He advised because that document was not there, the Selection Committee has not even looked at his Company’s proposal; it believes there are some things in there that Jerry Visco and the Selection Committee should view; and then the Board could make a decision on who it wants its broker to be.  He stated his Company’s past performance speaks for itself.

 

Judy Arenz, representing Arthur J. Gallagher, stated it is an honor for her to be recommended for the award of the Contract; she was the County’s insurance broker in 1999 and lost the business to her competitor in 2003; she respects the rules and regulations  of  the  procurement  process; and they are present for a purpose, to protect

 

 

 

the County, and to attract vendors to the process.  She noted there is a fair and equal platform they play on because there are strict rules and regulations in the bid process; the mandatory document missing is a very important document because it is signed and notarized; and it says the company is going to stand behind its proposal.  She stated the total cost proposal from her Company is $105,000; price is not the only consideration; even in this bid specification, price was not the heaviest-weighed factor, it was the professionalism, the technical ability, and the knowledge and experience to bring the County the most comprehensive and cost-effective insurance program; and it is the value that comes from the experience and additional services that Gallagher did state in its proposal it will provide.

 

Chairman Scarborough stated it is his understanding that Gallagher would help the County with the June 1^st deadline.

 

Insurance Director Gerard Visco advised Gallagher is working on the renewal presently.  Chairman Scarborough stated when he was briefed he was under the impression that if the County did not go ahead and proceed that it would push some reinsurance issues; but that may not be an issue now.  Mr. Visco stated both candidates would continue to work with the County toward a June 1^st renewal.

 

Chairman Scarborough stated he noticed there was a 2:1 vote on the Review Committee; and inquired which of the members of the Committee voted to consider Brown & Brown.

 

Central Services Director Steve Stultz responded the Committee Chairman Scarborough is referencing was the Protest Committee; and that was Assistant County Manager Heidi Denis.

 

Commissioner Colon stated she does not have a problem with sending it back to the Protest Committee; and it would behoove the Board to do that.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize sending back all the proposals for Proposal #P-1-08-14, Insurance Consulting and Brokerage Services, to the Selection Committee for its review; Brown & Brown, Inc. taking care of the June 1^st renewal at no additional compensation; and if such Company comes in second, based on the Selection Committee’s recommendations, that it will walk away from the Proposal.

 

 

Chairman Scarborough inquired does Mr. Visco fully understand the ramifications of the June 1^st renewal commitment.  Mr. Visco responded staff is clear on that; and both parties will be working towards the renewal and be in a position to move to close those bids and bind that coverage upon being granted the Contract.  Chairman Scarborough stated so the risk factor that Mr. Visco identified yesterday is diminished.  Mr. Visco advised that is correct.  Chairman Scarborough stated he wanted to be sure because he did not want to put the County at risk of not having coverage.

 

 

 

Commissioner Colon stated she is more concerned at making sure that the County is comparing apples and apples; and at that point, may the best man or woman win.  She inquired how soon can the Selection Committee meet; with Mr. Stultz responding staff can coordinate a Selection Committee as soon as he can get the members scheduled again and at least give them a little bit of time to re-review all of the proposals.

 

Chairman Scarborough stated Brown & Brown has the work on the renewal without any additional compensation.  He inquired is there a problem in accepting that; with Mr. Grippa responding negatively.  Chairman Scarborough inquired for the record, Brown & Brown is not going to send the County any more to do the renewal; with Mr. Grippa responding that is correct.  Chairman Scarborough stated Brevard County paid for the renewal and Brown & Brown will take care of the June 1^st renewal as a part of what it has already been compensated; with Mr. Grippa responding that is correct.

 

Chairman Scarborough inquired does that leave any questions to be still answered; with Mr. Visco responding negatively.  Mr. Visco stated it makes sense and staff is good with that.

 

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

 

Janis Walters stated she lives in Grant/Valkaria; she has been a community activist since 1995 and she currently serves on the Valkaria Airport Advisory Board (VAAB); the Fiscal Impact Statement on the Agenda Report indicates $1 million for Fiscal Year 2007/2008, and zero for Fiscal Year 2008/2009; Greg Lugar sent her some information on recent interest rates and his conservative estimate of future rates; and he also explained that the County will make its borrowings on the Commercial Paper Program as needed throughout the construction process.  She advised as with past Airport projects with FDOT grant participation, the entire cost of construction will not be incurred before reimbursements begin arriving from FDOT; Mr. Lugar also estimates that the hangars will not be open for business until Fiscal Year 2009/2010; but there remain many questions that Mr. Lugar is not in a position to answer, for instance, what is the Airport’s ability to support the interest payments on the construction loan until the new hangars are rented out, will assistance from the General Fund be required, how does the Agenda Report’s Fiscal Impact Statement relate to Mr. Lugar’s estimated construction schedule, and how was it determined that there is no fiscal impact for 2008/2009; and the project will probably not be finished until 2009/2010.  She noted FDOT is funding only 80% of the cost; the Airport is projecting a 13-year payback period at interest for the remaining 20% long-term debt of $200,000; and inquired is that not a fiscal impact for 2008/2009 and at least 12 successive years. 

 

 

 

 

 

Ms. Walters stated also Section 3, Paragraph F of the proposed Resolution indicates that the leases for the new T-hangars shall be on a month-to-month basis from inception; this is not consistent with current Airport practices; to date, all T-hangar leases have been issued for a 12-month period after which they become month to month; and it may be a good idea to inform and instruct the County Manager as to the language in the Resolution and have all T-hangar leases executed accordingly in the future.  She noted the month-to-month arrangement makes it possible for periodic hangar lease rates to be imposed uniformly, rather than having to wait for the newer leases to reach the 12-month duration before the price increase can be imposed; it is her opinion that the information in the Agenda Report is insufficient for informed decision-making; there was no VAAB review of the 2007/2008 budget; and the prior year’s budget indicated that all cash reserves would be used up during Fiscal Year 2006/2007, hence her concern that the General Fund may have to cover some of the Airport’s operating expenses until the new hangars are generating revenue and that the Airport may therefore incur debt far in excess of the $200,000 matching funds for this project.  She stated the current Fiscal Year is half over, yet there has been no rent increase on existing hangars as recommended in the Master Plan for 2007/2008; the Airport is therefore more than six months behind schedule in the three to four-year process of bringing the lease rates up on the existing hangars to fair market value; in general, the Agenda Reports and other information the Airport staff has provided to the County Commission is not complete, accurate, or presented in a business-like manner; and as an Enterprise Fund, the Airport should always be able to demonstrate its fiscal position and the financial viability of its daily operations and its capital projects.  Ms. Walters noted no privately-owned business would take on $200,000 in debt on the basis of the minimal information that the Board has been given; whether or not the Board proceeds with authorizing the commercial paper loan today, she asks the Board to request and receive better information from staff about the financing of the project and the Airport’s ability to pay before authorizing any work that requires draws against this loan.

 

Curt Lorenc stated he is a resident of Valkaria; everyone lives in tough economic times; the County has had layoffs of employees; and there have been budget shortfalls.  He noted if the County does not have the money to pay for a project, the project should not go forward; the County should not be going into huge debt; presently the Airport does not have the money for this project; and there is high debt.  He stated there are many loans that they have out for existing hangars that have been refinanced; the item before the Board today, the Airport is asking the Board to approve a $1 million loan for buildings and T-hangars; and inquired how did the County get to $1 million.  He noted initially staff said it was $600,000 and it would not exceed; then it showed up as $800,000 in the Master Plan; when Valkaria Airport Manager Steve Borowski brought this before the Board to get the hangar project approved, he said he could not build it for $800,000 and needed $1 million; and at that time, he was questioned on whether he had the money for the project, and he claimed to have $75,000 cash forward, which was false.  He stated this was not a true statement and the Board based its decision on false information; during the Master Plan process when the Board was approving such Plan, the Board questioned Mr. Borowski on the finances that did not add up; at that time it was determined  that  Milo  Zonka, a  non-accountant,  participated   in   the   financials;   and

 

 

 

after more questioning, it was disclosed that the County was going to receive $150,000 a year from the FAA.  Mr. Lorenc advised this was the money that the County was going to have to pay for all of these projects; he contacted the FAA to see if that was true; he has an email he is going to provide that was not true; and the money was not even applied for at that time, so the statement that the County had $150,000 to go ahead and fund these projects is false information.  He stated if a department is shy on funds, he would expect them to do everything they could to raise the money that was needed for the project; part of the Master Plan was six months ago to raise the hangar fees $11.00 each; that would have raised more money; and that was not done.  He noted Mr. Borowski did not bring that before the Board; the FAA requires that fair market value be charged; he does not believe this is being done; and he also appeared before the Board during the budget hearings and told it there was money that was not showing up in the budget, and he asked for an audit.  He stated he believes the Airport needs to be audited; Mr. Borowski has made a number of false statements to the Board; he came before the Board and said that the Airport had failed the State Airport Inspection; this was not true, he got the papers, and spoke to the inspector; and the Airport passed with flying colors.  He noted Mr. Borowski also misrepresented his education on his application form; it is important that staff give the Board correct information and factual information to make its decision in a correct way to look after the tax dollars of the taxpayers; and requested the Board deny the loan and this should come back before the Board when Mr. Borowski has the money.

 

Matt Smith stated he lives in Vero Beach; he has owned property in Brevard County for some time; he waited to begin building on the property until he could see some positive effort going forward to do something about Valkaria Airport; and he is very interested in having close proximity to a general aviation airport.  He noted he was well aware that the Airport was neglected for a terribly long time with an aggressive anti-airport group of people; he liked what he saw happening in the review process for the Airport Master Plan and decided to go ahead and begin building on his property; the home is under construction now off of Malabar Road; and he has heard mentioned here a repeated theme regarding the concern about jobs and the economic situation in Brevard County.  He advised the Master Plan that was approved on February 5^th went through a great deal of rigor, time, and effort; and urged the Board to not allow the opportunity of approving this loan to become a chance for rear-guard gorilla action on the anti-airport people, and focus on the task at hand, which is the validity of the request about the loan, the 2% money, and ability of the project to self-fund with rent from those hangars.  He advised he is on the list, but he is way down the list; there are people that have been waiting since the year 2000 to get hangar space; it is really long overdue; and requested the County not continue to fight the same fight that has been fought for the last 20 years.  He asked the Board to implement the Master Plan; and urged the Board to approve this and move forward, and not continue to have objections that are really fundamentally being made against the Master Plan and trying to prevent it being implemented under the guise of other pretext.

 

 

 

 

 

Roberta Goodman stated this item on the loan is a revenue generated for the Airport, which is badly needed; it is a profit machine; it will bring over $50,000 in revenue each year for 20 years plus; and instead of costing the County money, it will be a money maker for the County.

 

Chairman Scarborough inquired is there going to be an impact to the General Fund; with County Manager Peggy Busacca responding negatively.

 

Commissioner Nelson stated he is not anti-airport; he voted for the Master Plan and supports the T-hangars; one of the questions that he has raised throughout the process is making sure the Board understands the Airport budget because it is critical to every decision the Board makes; and it has to make sure that the money is there.  He noted while he really believes that the new T-hangars will pay for themselves and probably even generate additional cash, the County still has to look at the whole picture of the Airport in terms of where it is going financially, and make sure that it has accommodated that; Mr. Borowski indicated there was a $75,000 reserve; however, there is not a $75,000 reserve and that has been cleared up; and there is a cash forward.  He stated the Airport started with about $107,000 that is going into operation that is being spent down as part of the operation; so there is no reserve; Mr. Borowski has since gone back and tried to identify $24,000 or $25,000 that he is putting into a reserve; so there has been an effort in that regard.  He noted during the workshop they also talked about would there be any FAA operational funds, and there will not be any grant operational funds; so what the County sees it what it gets; and it has to live with the revenues.  Commissioner Nelson stated when he talked to Mel Scott and Steve Borowski yesterday they were going over the numbers; it is going to be very close next year as to whether or not the County is going to have to supplement the Valkaria budget with General Fund; and the County needs to continue to drill down on that because that is critical.  He noted it is a horrible time for the Board to have to come up with new monies for that service; it also flies in the face of what the Board just heard, which is it is a big money maker; the $107,000 of balance forward, once it is spent it is gone; and it is not there next year.  He stated that is a pretty big hole that Mr. Borowski is going to have to make up; he believes the County has to do more work to make this completely transparent in terms of where it is fiscally, because right now there are still some question marks that need to be worked on; and requested individuals to not send him hate emails as he does not hate airplanes.  He noted what he really likes is fiscal responsibility; that is all he is asking for; he has committed to work with Mr. Borowski and Mr. Scott, and he believes they are getting there; but they still have some work to do. 

 

Commissioner Nelson stated the T-hangars are necessary; they are part of the Master Plan; that is not the issue; and it is just making sure the Board does not find itself in September 2008 staring and having to come up with money to fund the Airport because it is not anything it has anticipated or anything that it wants to be in a position to have to do. 

 

Commissioner Voltz inquired what is the Airport’s total budget; with Mr. Borowski responding $418,000.  Commissioner Voltz inquired what is the issue with the $107,000;

 

with Mr. Borowski responding the $107,000 is the balance forward from last year, and as of yesterday when he checked with County Finance, it is still at $107,000.  Commissioner Voltz stated this budget is $418,000; close scrutiny is always important; paying more close scrutiny with the Parks and Recreation budget is far more important as big as that is; this $418,000 budget, Mr. Borowski is doing a great job in managing that budget; and she supports the item.

 

Commissioner Bolin inquired is the T-hangar rent to be increased, and if so, has it been figured into the budget to cover this cost.  Mr. Borowski responded the existing T-hangars, there is a Row A and a Row B; the existing T-hangars in the Master Plan, it recommends that the County increase the T-hangar rent by $11.00; right now they pay $185.00 per month for a full hangar; the Master Plan recommended the County increase the rent by $11.00 per month to reach fair market value of the T-hangars; and that is for the existing hangars.  He advised for the new hangars, staff expects an approximate $55,000 of revenue; as the Agenda item states, the principle and interest will be paid at approximately $23,000 or $24,000; there will be expenses for electrical and maintenance, etc.; and there will be approximately $25,000 per year profit on just Hangar C, the new hangars.

 

Commissioner Nelson stated he and Mr. Borowski talked yesterday; he asked about the $107,000; Mr. Borowski just told his fellow Commissioner that the money has not been drawn down; and Mr. Borowski gave him a document yesterday that said it has been drawn down.  He inquired what is the answer.  Mr. Borowski responded he went to County Finance yesterday; this is his budget as of yesterday; and he has a copy of his budget if Commissioner Nelson would like to see it.  Commissioner Nelson inquired why Mr. Borowski did not have the information for him yesterday; with Mr. Borowski responding he did.  Commissioner Nelson stated he has been asking for this information on a routine basis, but Mr. Borowski is not giving him the information; and inquired is there a reason he does not receive this information.  Mr. Borowski responded negatively, and advised he gave Commissioner Nelson the information yesterday in the meeting; but they did not discuss it.  Mr. Borowski advised the only way he finds out the amount of money there is he contacts County Finance and it tells him.  Commissioner Nelson inquired are Mr. Borowski’s other revenue figures accurate here that he provided to him, and is Mr. Borowski going to make his budget on each of those revenue items.

 

Assistant County Manager Mel Scott inquired is Commissioner Nelson referring to the revenue figures received from the Budget Office; with Commissioner Nelson responding affirmatively, and inquired is Mr. Borowski going to make those numbers.  Mr. Borowski responded affirmatively.  Commissioner Nelson inquired does Mr. Borowski intend to expend $417,000, which is going to take a sizeable chunk of that $107,000.  Mr. Borowski responded the only thing that he has a concern about is the operating, which says $75,000; he believes that is overstated; right now he is at $21,000 for his operating; and he does not believe the operating is going to be much more than that.  He stated that is the discrepancy; and when the Budget Office walked in with that he said he did not agree with it, but that is what the Budget Office states.

 

 

 

 

Assistant County Manager Stockton Whitten stated the $456,000 in Airport revenue includes the $107,000 in balances forward; the projection is a simple $456,000 in revenue and what is expected to spend this year; the projection is at this point in time $417,000, which leaves an available savings or excess of $38,000 going into next Fiscal Year; and the confusing part is whether or not the fund balance sits outside of the $456,000 in revenue, and it does not and is a part of that revenue projection.  Commissioner Nelson noted so in effect, instead of starting next year with $107,000, it is going to start with $38,000.  Mr. Whitten stated that is the projection as of today.

 

Commissioner Voltz stated the hangar rents were in the Master Plan to increase, but they have not been increased yet.  Mr. Borowski stated he has not gotten to that; he was going to bring it up at the last VAAB meeting to increase it; it will go forward to the next VAAB meeting; but he does not know if it needs Board approval or if it is managerial approval.  Commissioner Voltz advised it is already in the Master Plan so she does not know why it would need to come before the Board.  Commissioner Nelson stated fees and charges typically have to be done by Resolution.

 

Assistant County Attorney Morris Richardson advised some are established by Resolution; he does not believe the Airport lease rates are; he is not sure how those originated; and they track fair market value analysis, so there is relatively limited discretion in where to set the fees.  He stated the FAA requires a fair market value analysis; and Mr. Borowski has put that data together; so when he comes back with what that number is going to be, that number should be periodically updated in the lease under the requirements from the FAA.

 

Commissioner Nelson noted it needs to come back to the County Commission in the form of an analysis of all that information so the Board is making a decision based on that information at that given time, as opposed to being in the financial report part of the Capital Improvements Program; that is a guide for the County and is not the absolute; there are various elements that need to come back; and if that document is all encompassing then he would like to see it back.  He stated the key is that as the County goes through each step of the way, the Board gets to revalidate that decision and make sure that it is appropriate for that given time.  Attorney Richardson advised that is at the pleasure of the Board; there are certain things that are not required and certain Contracts that do not go back, such as the County Manager or Department Director signature authority level; and he is referring to the lease rate within the existing hangar leases.

 

Commissioner Voltz stated she disagrees; the Board has approved the Master Plan; if it has approved the Master Plan then personally she does not even know why the hangars came back to the Board, other than the financing, because the County Commission already approved the hangars; all it is approving right now is the financing; as far as increasing the rates, the Board has already done that in the Master Plan; and she personally does not see any reason why it would have to come back at all.

 

Attorney Richardson stated the $11.00 increase was a recommendation based on a fair market  value  standard  at  that  time; the  real  recommendation is that rates have to be

 

 

raised; it will probably be something like this amount, but a fair market value analysis needs to be done based on other airport properties; and that is what the FAA requires periodically to update according to that.

 

Commissioner Voltz stated sometimes she believes the Board micromanages way too many things.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution which approves a commercial paper loan for 20 new T-hangars at Valkaria Airport; authorize the Chairman and County Attorney to sign the necessary loan documents; and authorize staff to make necessary budget changes.

 

 

Chairman Scarborough stated he will not vote in favor of the item, unless it is contingent upon simultaneously increasing the fee.  Commissioner Voltz stated she agrees with Chairman Scarborough; and the County needs to be expeditious in doing that so it does not wait four or five months down the road.

 

Commissioner Colon stated she cannot support increasing the fees.

 

Commissioner Nelson stated he feels uncomfortable with not having a VAAB meeting to discuss that issue.  Commissioner Voltz stated there is a VAAB member present asking for the Board to raise the fees; the Board has already discussed it in the past; it is fair market value from a FAA perspective; waiting is just stalling; and the Board needs to move forward and increase the rates.

 

Chairman Scarborough advised both of these were part of the same Master Plan; he believes if the Board is going to adopt the Resolution, it needs to adopt the whole thing; and there needs to be a link.  Commissioner Voltz noted she agrees they have to be linked. 

 

Commissioner Bolin amended the motion, contingent upon simultaneously increasing the fees on the existing A and B T-hangars, at $11.00 per month, in accordance with the updated Master Plan; and Commissioner Voltz accepted the amendment.

 

 

Chairman Scarborough basically, the Board does not care whether it happens just with Mr. Borowski sending out a letter under the prior lease or whether the Board hears it, but he does not believe it needs to come back to this Board because four Commissioners are saying that is where they think the County should be going.  He stated this would be linking the two, so this becomes effective upon the increase of the rent.

 

Commissioner Nelson inquired who will determine fair market value.  Attorney Richardson responded sometimes there is an appraiser that comes in and does a study; sometimes one looks at comparable airports in the area; Mr. Borowski has put together an  analysis; usually  it  is  the Airport Manager/Airport Director at most facilities; and the

 

 

FAA looks at it.  Commissioner Nelson noted his preference would be someone independent of the operation to create the fair market value; and requested staff let the Board know who the fair market value is determined by. 

 

Chairman Scarborough stated he is trying to keep this simple.  Commissioner Voltz called for the question on the motion.

 

Chairman Scarborough called for a vote on the motion, as amended, linking the two  issues and moving forward.  Motion carried and ordered; Commissioner Colon voted nay.  (See page                       for Resolution No. 08-080.)

Commissioner Nelson stated he does not believe the Board has a need for the Community Redevelopment Agencies Workshop as it indicated it needed to go through the budget process.

 

The Board reached consensus to cancel the Community Redevelopment Agencies Workshop scheduled for 9:00 a.m. on May 15, 2008. 

 

 

The meeting recessed at 2:25 p.m. and reconvened at 2:33 p.m.

 

 

Curt Lorenc stated provided information concerning the Lease for the hangars; stated one of the requirements on the Lease under Insurance, Item 3, says they are going to provide a Certificate of Insurance to the Landlord; out of the 50 some people that are out at Valkaria Airport, he was only able to find eight that had provided Certificate of Insurance; and it is his opinion that there may be many other people out there that have no insurance.  He noted if a plane causes damage to the new hangars, these people are not insured; the County will wind up with the full bill; that is not the intent; and the intent is to have these people that keep their planes at the Airport insured so in case the worse happens there is a crash, that they are able to pay for damage to the Airport.  He stated there are many people in the hangars that have planes there that do not have leases, so there are tenants that are not covered under any sort of agreement; this is well documented; it is a mess what is going on; and this needs to be looked at and straightened out.  He inquired where does Mr. Borowski actually work, Viera or Valkaria Airport; stated many times citizens call regarding an airplane or helicopter that is causing a noise problem; they ask Mr. Borowski if he sees a helicopter or airplane, and he says no, he is not at the site; and they are wondering where Mr. Borowski works and where is he supposed to be.

 

Assistant County Manager Mel Scott responded Mr. Borowski works in a trailer at Valkaria Airport.

 

 

Commissioner Voltz stated Mr. Lorenc bringing up the issue of insurance is so far out of line; the Town Manager of Grant-Valkaria sat with Mr. Borowski for one-half day and looked at every single file; every single person has insurance; and Mr. Lorenc knows that, but keeps coming up and talking about people not having insurance.  She noted it is just not true.

Chairman Scarborough called for the public hearing to consider a Resolution vacating a portion of the public utility easement and drainage swale on Lot 20, Block 10, in Barefoot Bay, Unit One, as petitioned by Linda S. Weinstein.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating a portion of the public utility easement and drainage swale on Lot 20, Block 10, in Barefoot Bay, Unit One, as petitioned  by  Linda S. Weinstein.  Motion carried and ordered unanimously.  (See page

                       for Resolution No. 08-081.)

 

 

Chairman Scarborough called for the public hearing to consider an Ordinance amending the Zoning Code to add clarifying language to Section 62-1512 governing the TU-2 Zoning Classification.

 

Douglas Sphar stated in February 2008, the Lake Poinsett area residents asked for clarification interpreting the one-half mile criterion for the tourist facilities; at that time, the County Attorney implied the language was ambiguous; the residents feel the proposed revision of the ordinance removes those ambiguities; and requested the Board support the ordinance.

 

Commissioner Nelson stated there was some discussion about the two points that do not seem to match up at an intersection; and inquired if staff has come up with some wording that addresses that.

 

Planning and Zoning Director Robin Sobrino responded affirmatively; the question was when the County is referring to the actual physical improvement of the on or off ramp; and language can be inserted as follows:  “The point of tangency of the actual physical improvement of the on and off ramp of the interstate and the roadway which the interstate serves”; so it makes it clear that it does not include any acceleration lanes or deceleration lanes, but strictly where the ramp itself connects to the interstate.

 

 

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1512, Transient Tourist Commercial, to add clarifying language for establishing the one-half mile spacing standard; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances, as amended.  Motion carried and ordered unanimously.  (See page                 for Ordinance No. 08-11.)

Chairman Scarborough called for the public hearing to consider an Ordinance amending Brevard County Code, Chapter 78, Article I, In General, Article II, Bond Issues, and Article III, Use of Parks.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending and  substantially  revising  Brevard  County  Code,  Chapter  78,  Article  I,  In  General, Section 78-1, Regulation of Facilities, Section 78-2, Public Use of Enchanted Forest Sanctuary; Article II, Bond Issues, Section 78-36, Authority to Establish Capital Projects, Section 78-37, Issuance of Revenue Bonds, Section 78-42, Election Not Required; Article III, use of Parks, Section 78-76, Definitions, Section 78-77, Policy, Section 78-78, Areas Designated for Specific Activities, Sections 78-79, Emergency Exclusion of Public, Section 78-80, Right of Entry, Section 78-81, Enforcement Personnel, Section 78-82, Permits, Section 78-83, Fees, Section 78-84, Reservations, Section 78-100, Penalty, Section 78-101, Material Misrepresentation, Section 78-102, Interference with Personnel, Section 78-103, Trespass, Section 78-104, Remaining on Property After Request to leave, Section 78-105, Gatherings, Section 78-106, Aircraft and Parachuting, Section 78-107, Commercial Activity, Section 78-108, Posting Signs, Section 78-109, Alcoholic Beverages, Section 78-110, Noise, Section 78-111, Defacing, Tampering with Buildings and Other Property, Section 78-112, Water Activity, Section 78-113, Equestrian Activity, Section 78-114, Fires, Section 78-115, Firearms, Fireworks, Weapons, Section 78-116, Wildlife and Domestic Animals, Section 78-117, Distribution of Literature, Section 78-118, Pollution, Section 78-119, Deposits of Rubbish, Section 78-120, Removal of Natural Resources, Section 78-121, Protection of Trees and Vegetation, Section 78-122, Sleeping, Camping, and Lodging, Section 78-123, Traffic, Section 78-124, Utilities, Section 78-125, Organized Activities, Section 78-126, Smoking and Tobacco Products, Section 78-127, Contributions and Sponsorships, Section 78-128, Grants, Section 78-146, Expulsion for Violation, Section 78-147, Reservations, Section 78-148, Organized Activities;  providing  for  severability; providing for area encompassed; and providing for

 

 

an effective date.  Motion carried and ordered unanimously.  (See page                      for Ordinance No. 08-12.)

 

Chairman Scarborough called for the public hearing to consider an Ordinance amending Section 202-267, Brevard County Code, relating to the membership of the Spaceport Commerce Park Authority.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 202, Article VI, Division 5, Brevard County Code, specifically amending Section 202-267, changing the Spaceport Commerce Park Authority appointment of the At-large member to an owner/operator of a business in the South Industrial Area (including the Spaceport Commerce Park, the North Brevard Industrial Park, the FTZ Industrial Area, and Knights Armament or Successors or Interests); providing for Codification; providing for severability; and providing for an effective date.  Motion carried and ordered unanimously.  (See page                     for Ordinance No. 08-13.)

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt a Resolution of the County Commission of Brevard County, Florida, declaring the necessity to acquire certain real property located in Brevard County for roadway widening, stormwater management, construction, and maintenance, as well as placement of utility lines and associated facilities on the properties described herein lying in Section 6, Township 28 South, Range 37 East; and lying in Brevard County, Florida.  Motion carried and ordered unanimously.  (See page                   for Resolution No. 08-082.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Task Order No. 00-45 with S2Li, Inc. to conduct a Phase I Environmental Impact Assessment of the County’s U.S. 192 Site required for obtaining an Environmental Resource Permit (ERP) for the landfill project.  Motion carried and ordered unanimously.  (See page

for Task Order No. 00-45.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase with Agressott Corp. for Hollywood Boulevard Widening Project.  Motion carried and ordered unanimously.  (See page                    for Contract for Sale and Purchase.)

 

 

Douglas Sphar requested the Board adopt Option 3, to reconstitute the Task Force; stated this is a technically complex Ordinance that has been exposed to mar vocation by input from two public forums; without a comprehensive vetting of all this input, there is a strong potential for unintended consequences; and the Systems Engineer had many years experience working with complex documents.  He stated to avoid costly inconsistencies and unintended consequences, they had a systems integration function that analyzed and coordinated comments from all of the various reviewers; he would see this Task Force essentially as performing that integration function; requested the Board reconvene the Task Force to analyze and make recommendations for accommodating the 15 issues that need additional clarification; and advised he supports Option 3.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Option 3, to direct staff to reform the Task Force who composed the major amendments (2006) of the Landscaping, Land Clearing & Tree Protection Code, to address Parking lot requirements, Buildable Area definition, Caliper v. Diameter at Breast Height (DBH) for Tree Size Requirements, Availability of #1 Florida Grade Trees, Maintenance of Trees in Parking Lot Landscape Islands, Shrub Size Requirements, Right Tree, Right Place – Utilities & Trees, Isolated Canopy Exemption for Protected Scrub Oaks, Using Existing Trees for Replacement, Penalties for Completely Wooded Sites, Simplification of Off-Site Replacement Plan, Protective Barriers, Clustered Development/Mixed Use Standards, Specimen Trees, and Requirements for Planting in Common Areas of Subdivisions.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Option 2, to authorize the authority levels for all actions referenced in BCC-25 and BCC-27 to be established by the individual amount of any change order, amendment, or task order; authority levels would be established at: ≥ $100,000 Board approval; ≥ $25,000 and < $100,000 County Manager approval; < $25,000 Department/Office Director approval; and when within the budgeted amount for the project or action; authorization of waiver of competitive bidding requirements, sole source awards, standardization, and rejection of all bids will remain the approval of the Board and County Manager at their respective levels; and authorize the County Manager to adopt the approved authority levels in AO-29.  Motion carried and ordered unanimously.

 

Kevin Byrne, representing The University Financing Foundation (TUFF), advised he will only speak if the Board needs him to speak.  Mr. Byrne stated he will leave the Commissioners some booklets on The University Financing Foundation so it knows what the Foundation does.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Memorandum of Agreement with TUFF Florida Tech LLC, authorizing the issuance of Brevard County Industrial Development Revenue Bonds to finance the acquisition, construction, and equipping of new educational facilities at the Florida Institute  of  Technology  campus in Melbourne; and authorize the delegation to the EDC

to conduct a TEFRA hearing at its offices in Rockledge for said project, contingent upon Bond Counsel approval.  Motion carried and ordered unanimously.  (See page

for Resolution No. 08-083.)

 

 

Human Resources Director Frank Abbate stated staff is present before the Board today to seek Board direction concerning the Clerk of Courts continued participation in the Board’s self-insured group health insurance program; his Office received a letter dated February 18, 2008 from the Clerk’s Office indicating that it was not going to continue paying the employer contribution rate for all full-time eligible employees consistent with the Board Policy that has been in practice for the last 19 plus years; this is a funding methodology that is commonly used by employers to fund self-insured; and they are the ones the County has used consistently over time.  He noted the Clerk has expressed disagreement over this methodology in the past; staff met with the Clerk in 2001 and 2004 as well; County staff indicated it believed it was appropriate and continues to be an appropriate funding methodology; and there are approximately 11 employers that participate in the Board’s program.  He advised the current funding methodology is needed to continue to adequately fund the program; to allow any individual employer to change that methodology unilaterally mid-year causes a problem in terms of consistency in other employers participation in the program; if every employer followed suit and the Board permitted that, the Plan would be $3.8 million short per year under the current funding methodology; so County staff has provided a variety of options for the Board attached on the Agenda Report.  Mr. Abbate stated while there is a variety of issues that do relate to health insurance, the only one that is germane today is the Board’s long-term employer contribution strategy that has been in place, and whether or not any individual employer should be able to unilaterally change that; staff is recommending Option 2, which provides to advice the Clerk of Courts that failure to adhere to the Board-established employer contribution structure will result in the Clerk’s Office being removed from the Board’s plan, effective at the end of the current health plan year, which is December 31, 2008, and to direct the County Attorney to pursue the appropriate legal remedies to recover any unpaid required employee contributions that should have been made by the Clerk’s Office.  He noted following this Option would provide a continuation of the current Program for the Clerk of the Courts employees for the remainder  of  the  calendar  year without disrupting their access to health care, and also

 

 

provide the Clerk of the Courts the opportunity to explore program options; County staff has discussed this with the Clerk; it is in the process of assisting the Clerk in looking for alternative strategies; and the Board’s consultant is present to answer any questions as well, should the Board have any.

 

Clerk of Circuit and County Courts Scott Ellis stated there are a number of issues here; actually the one that seems to be an issue really is not with the money; if the Clerk pulls out, he believes there is approximately $13 million in the fund currently; the self-insured insurance fund has about $13 million, and eight percent of the employees are Clerk’s employees; therefore, eight percent of that reserve fund would go back to the Clerk.

 

Mr. Abbate stated he does not believe that would be the case.  Mr. Ellis stated then the County cannot absolve itself of all the other costs; it cannot keep the money and absolve itself of the other costs; the issue gets back to one that his Office as addressed; he does not blame Mr. Abbate or Mr. Visco; and he has been to the Board about this that the Clerk’s Office is billed a full year’s insurance for people that do not take the insurance, and it is $10,000 per year.  He noted if the Clerk has two employees, one is full-time and takes the insurance, and one is part-time and does not take the insurance, the Clerk is billed $10,000 a year for the person who takes the insurance; if the part-time employee then goes full-time, the Clerk’s Office is billed a second $10,000 for the second employee, even though they do not use the insurance; this has been an ongoing issue about how this is billed and the costing; there is also an issue with the retirees; and there is a retiree subsidy by the Board, that is fine; but the way it does that is it passes that out in the active duty cost.  Mr. Ellis stated for example, there is not a vote and the County moves $4 million over for the subsidy; it takes on another $1,000 per year per person to cover that $4 million; he does not agree with that methodology either and how the County has done that with subsidizing the retirees; and it is certainly the Board’s option to do so, but it is not proper to bill out on the active duty people.  He noted the reason the other people do not complain is insurance for them is a wash; if he is Road and Bridge General-funded, he does not care if the insurance is $30,000 a year; the County gives $30,000 a year for insurance per employee, and they pay the money back to the insurance fund; and it is simply take with one hand and give back with the other.  He noted the Clerk’s Office does not operate that way; 80% of its money comes through the door; therefore, everything his Office pays the Board it has to go out and get itself as it comes through the Clerk’s Office; it does not get an appropriation from the Board just to give back to the insurance fund; and his Office is looking at other programs because the County’s Program is headed for the rocks and no one will address it. 

 

Mr. Ellis stated if the County looks at its history, it started off probably eight or ten years ago, its ration of active duty and retirees was about 6:1 as far as who is paying the freight on that subsidy; the County is now down to 5:1; if it has a reduction in force this summer, it will be down to 4:1; and if the Clerk pulls out, the County will be at 3 ½:1.  He noted if the County thinks it has a shortfall now, if it reduces its force this summer, it will have a larger shortfall just to finish the fiscal year because the way this is set up, the County is using its subsidy coming off each person’s monthly payment to handle that subsidy; there is no one-time appropriation done at the beginning; as the County’s active labor force falls and the retiree force increases, the County’s pyramid is going to begin to

 

 

invert; and the Clerk’s Office is looking, it has never agreed with this, and the only reason it has paid it in the past is because it was in a position to return excess fees to the Board.  Mr. Ellis stated his Office got tired of arguing this for a number of years; he remembers discussing it with Commissioner Carlson at one of the workshops; Commissioner Carlson even asked how come the Clerk’s Office is billed for people that do not take the insurance; and his Office said if that is how the County wants the excess fees, here is the $500,000 or whatever it is per year.  He noted what the Clerk’s Office wanted to do and what started this whole discussion back in 2001, what a lot of companies do, they have a smorgasbord plan; if the Clerk is paying currently $10,000 for an employee, but their husband has insurance and the Clerk’s employee is covered, the Clerk’s Office may say it will pay the employee $2,000 a year not to take the County insurance if the employee provides proof they are insured through some other means; that is what the Clerk’s Office wants to do; that is when the Clerk’s Office had the problem back in 2001; everybody is billed full rate the instant they go full-time, whether they take the insurance or not; and the Leon County Clerk’s Office actually purchases its insurance through the County Program.  He advised Leon County purchases a number of policies it needs for the employees that take it; for example, if there is a Mr. and Mrs. Clerk at Leon County, then such Clerk’s Office pays one-half of the rate for each member; his Office’s problem is it does not do any kind of real cost accounting on this; he does not mean that the numbers are not available; and he means the way it is billed is not done based on how the numbers come in, it is a flat rate per full-time employee across-the-board.  Mr. Ellis stated the reason the County does not hear it from anybody is, is that either they are General-funded and they get the money or they are utilities and they have plenty of money and do not worry about it; the Departments right now that are pinched by this are going to be the Building Department, and any County Departments that are fee-driven and are hurting on the fees; and all of them are in the same position that the Clerk’s Office is in, but the only difference is that they have to answer to the Board more so than the Clerk’s Office, so they are not going to say what their problem is.  He noted if a Department is totally Board-funded it is irrelevant; the insurance issue needs to be addressed; he went to the insurance meeting the last time and he will go to the next one; and people need to understand when there are declining revenues, money is going to be addressed one way or the other.  He stated his concern with what the Clerk’s Office has been doing is he is trying to avoid layoffs, so his Office is looking at everything it can do; if the County does not save money here, it is going to have to find it somewhere else when its revenue goes down; this is one the Clerk’s Office has debated for a long time and gotten nowhere on how the retirees are done; and the issue gets to be who pays for retirees, particularly retirees before 2004 prior to Article V. 

 

Mr. Ellis stated if the County is a fully-funded insurance program, it should have a reserve set aside to continue that subsidy, which gets into the new accounting rules versus using a pay-as-you-go system, which has been done; the other issue gets back to that reserve; that reserve has been built by every employee that pays into that system, including Clerk’s employees; and if the Clerk pulls out, then its share of that reserve should go with the Clerk’s Office.  He noted he is being very fair about that; that approximately $13 million reserve is based on a certain number of employees in the Program; it has been  paid by every employee that is billed; if the Clerk’s Office pulls 400

 

 

people out of there, then his Office should get that percentage of money back out of that reserve; and the County can take the deduct on the unpaid.  He stated the real issue is the County has to address how its insurance is done; it is going to eat the County alive if it does not; and it has already eaten a lot of people alive, but the money that has come in the last three or four years actually covered up the problem.  He noted now if the money goes away the problem is laid there.

 

Commissioner Colon inquired how many Clerk’s employees would be affected; with Mr. Abbate responding 437 employees.  Commissioner Colon inquired what happens to those with preexisting conditions and things like that, including retirees, and would they be suing the Clerk for their particular case.  Mr. Ellis responded there would be negotiations with the incoming insurance company; the City of Melbourne just changed insurance carriers; when he was a Commissioner, the Board changed insurance carriers in 1994 or 1995; and that is all negotiated.  Commissioner Colon inquired would it be effective December 31, 2008; with Mr. Ellis responding probably October 1, 2008.  Mr. Abbate stated it would become effective January 1, 2009, which would be the new beginning of the calendar year, and would be the appropriate time to do it.  Mr. Ellis stated it would not be a big factor with the Clerk’s Office because one contract turns off and the next contract turns on; it is just a matter of the start date; but it certainly cannot go three months without paying into the program.  Commissioner Colon inquired will Mr. Ellis guarantee his employees that they will not be affected by a change of insurance.  Mr. Ellis responded he can guarantee his employees as much as Commissioner Colon can; and everyone is in the same boat whether anybody realizes it or not.  Commissioner Colon stated she is concerned about making sure every angle is being reviewed; if the Clerk’s Office wants to leave, she will not mind at all; her concern is Mr. Ellis’ employees too; and if she was an employee under Mr. Ellis, she would want to make sure that any preexisting conditions are protected.  She noted some insurance companies will drop someone.  Mr. Ellis stated that is not necessarily so and that is how one negotiates the contract; and the City of Melbourne just went through this, this year and negotiated an insurance contract with Health First that includes preexisting conditions as part of the assumption of the contract.

 

Mr. Abbate stated Federal Law HIPPA will require whoever takes on the Clerk’s employees that they will be from covered plan to covered plan; they will not be able to exclude people; so the Clerk will be protecting those people.  Mr. Ellis noted because of that there will be a higher rate coming in with a new company hired, and that is understood.  Commissioner Colon stated the Board cannot force a Constitutional Officer to stay with the insurance they do not want.  Mr. Abbate responded that is staff’s recommendation; it is coming to the Board to request that action actually is what the Board directs staff to proceed with; and County staff is working together with the Clerk on that.  He stated reserves are clearly not an item that would go back to the Clerk; there is an issue there; reserves are for incurred but not reported claims; one cannot leave the plan unless they are going to take those claims with them; and the Clerk is planning to pay them.  He noted the reserve is to pay the runoff claims, so staff and the Clerk will have to talk about that.  Mr. Ellis stated that would be negotiated with the new carrier if the new carrier wants the reserves brought  over because they are going to handle those

 

 

claims; his point is still there are long-term financial implications on this insurance; the County’s ratio is dropping on active duty to retired employees; and it has gone 6:1, 5:1, and it is about to hit 4:1 probably by the beginning of the next Fiscal Year.  He noted that means the amount the County charges per active duty employee on insurance is going up to subsidize the retirees; the County needs to do that and something that is visible to the Board so it understands that amount of money versus the way it is done now, it is transparent; it is only visible to people that end up paying that are particularly in the Enterprise Funds; and the General-funded does not see it and it does not matter, they get funded and they give the money back.  Mr. Ellis advised the Clerk’s Office is shopping right now for insurance.

 

Mr. Abbate advised County staff is requesting the Board approve Option 2.  Mr. Ellis stated the Clerk’s Office’s preference would be that the Board begin a cost accounting and billing based on that cost accounting on doing its insurance, rather than have a blanket charge per full-time employee, regardless of circumstances.

 

Commissioner Voltz inquired if an employee has another insurance and decides not to take the County’s insurance, and the County pays the employee back, is that something the County has considered.  Mr. Abbate responded the County has been doing that; it provides a very minimal $30.00 per month benefit; but in addition to that, every employee currently who chooses the insurance pays approximately $24.00 a month for their insurance, so there is a $50.00 or $60.00 range there that entices people; and the County has nine percent of its employees not participating in the Program.  He stated if the Board chose to raise how much it gave employees, that would actually cost the County money because it would be giving all nine percent of those employees whatever that additional monthly amount of money above $30.00; and it is not necessary, and there would only be minimum impact.  He stated staff has looked at that and discussed it with the Clerk over the years; but today, where the County has now added a cost for employees just to have their own insurance, staff does not believe it would be fiscally advantageous.  Mr. Abbate advised the $10,000 is used to fund the $45 million obligation that exists for the employers; that $45 million is the same whether the County does it for every full-time eligible employee or only those participating; just the rate would change; and if the County did it the other way, every one would have to budget instead of $85500 per month, $933.00 per month, including those other employees since the County does not know who will be in or out of the Plan.  He stated in a tight budget like everyone is going to face, he does not think the County wants to see all of the Departments budgeting at a much higher employer contribution rate; and that is another reason why County staff would not recommend that approach.

 

County Manager Peggy Busacca advised the Board canceled the Insurance Workshop scheduled in December 2007; but another Insurance Workshop is scheduled in May 2008.  Chairman Scarborough stated everyone needs to be getting their briefings with Mr. Abbate so they are prepared when they attend the Workshop.

 

Commissioner Nelson stated obviously the Clerk wants out of the County’s Insurance Program  as  there  are  concerns.  Mr.  Ellis  responded  it  is  not  that the Clerk’s Office

 

 

wants out; it wants a proper cost accounting and billing for the insurance; and if his Office cannot get that then it will get out because the handwriting is on the wall.  He stated as the number of employees decline and retirees increase, the insurance rate will continue to rise regardless of anything that is done; that $855.00 per month is dependent on there being 4,900 people in the Plan come October 1, 2008; if there is 4,600 people in the Plan, it will not be $855.00 per month; and the County will have to increase the cost to cover that retiree.  Commissioner Nelson stated there is an Agreement between the Constitutional Officers and the County Commission; everyone is in this together with no contractual relationship that says for this contract period everyone agrees to abide by the terms; Mr. Ellis has raised some valid questions; but they are in the middle of a term, so how do they deal with that.  He noted the last thing he wants to do is get into a litigation. 

 

Mr. Ellis stated he understands, but these are not issues that the Clerk’s Office just brought up yesterday; and it has been going on for six or seven years and the Board will not address the issues.  Commissioner Nelson stated he thinks the Board is going to address the issues as part of its workshop coming up; they are in a middle of a year; they have agreed they are going to get through this year based on these terms and conditions; and to pull out in the middle of that is one issue.  He noted if the Clerk’s Office is not going to pay, it is changing the terms; from a moral perspective, they agreed; there was a gentlemen’s Agreement that they were going to go through the end of this year with that Plan in place; and at that point, he believes the Clerk has every right to raise all those issues, to either accept or reject the County as a plan.  Mr. Ellis advised the Clerk’s Office has never agreed; it just did it; it sent the money over; and this year it does not have excess fees.  He stated he has always felt the Clerk’s Office is paying for a service that it does not receive the way this has been set up; and it has been ongoing since 2001.  Commissioner Nelson stated there is time to fix a lot of what Mr. Ellis has described or addressed, but it is not the current Fiscal Year; Mr. Ellis is pulling out in the middle of a Fiscal Year; and his concern is that if all of the other partners in this did that, then it is a big issue.  Mr. Ellis stated if the County has a reduction in force, the County is going to have an even bigger issue; the whole way this is billed is not proper; and the County has tied everything into a single billing per active duty employee versus breaking out those costs and breaking out those billings.  Commissioner Nelson stated what Mr. Ellis is talking about is either he needs to get a better deal with the County or the Clerk’s Office wants to go somewhere else.  Mr. Ellis noted a fairer deal.  Commissioner Nelson stated he agrees, but he does not know how the Clerk’s Office jumps out in the middle of a fiscal year after having made that commitment; and that is his concern.  Mr. Ellis stated when the Clerk’s Office leaves, it has its share of those reserves based on that money that his employees have paid into it; and it will more than cover the $200,000 or whatever it is on this insurance. 

 

Commissioner Bolin stated Mr. Ellis has raised some issues that she believes the Board will be going into in great depth when it has its insurance workshop; Mr. Ellis has given the Board some things to think about; she feels Mr. Ellis has come in and all of a sudden has announced that he is pulling out of the Contract; and starting out the year, Mr. Ellis did  contribute and so that was an applied agreement that he was  going to fulfill the year

 

 

with the County.  She noted she feels it is the Clerk’s Office’s obligation to continue paying its fair share as it was established for the rest of the year; by all means during this time up to that, Mr. Ellis has every right to not join the County so that it can then preplan that Mr. Ellis will not have those people in the County’s system so it can adjust its budget for next year to accommodate; and she supports Option 2.

 

Mr. Ellis advised the County has well over $1 million what he considers to be the Clerk’s funds in reserve; the Clerk’s employees represent about eight percent of the total that are paid into this reserve; therefore, eight percent of that reserve should be tied to the Clerk’s Office; and at some point, the County needs to go through and date the reserve.  He noted if the County dates the reserve on September 30^th, there is a certain amount of time where residual claims are gone; and that money should go to the Clerk.  Commissioner Bolin stated that will be a side issue that the County will review, but at this point in time, she would like to do Option 2 as a motion.

 

Commissioner Voltz inquired is there a presumption of a contract if Mr. Ellis is paying all this time and then all of a sudden he decided to stop paying.

 

County Attorney Scott Knox responded it is called course of dealing; it is a program that has been set; it has been going that way for 19 years; it started out that same way this year; and from a legal posture, the County would take the position that one cannot just back out of it.

 

Commissioner Voltz stated Mr. Ellis brought up a lot of things today that the Board really needs to look at as far as how the County does all of this; Mr. Ellis is right; that is what really cost the County money is its employees; and if it is going to be laying off employees to reduce the budget then that is definitely going to have a tremendous affect on this.  She noted somehow or another whether the County needs to stop being self-insured and just go out for an insurance bid or whatever it is that it needs to do, she does not know whether that is good, bad or indifferent, but certainly it is something the Board needs to look at; and she supports Option 2.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Option 2, advising the Clerk of Courts that failure to adhere to the Board established employer contributions structure will result in the Clerk’s Office being removed from the Board’s plan, effective at the end of the current health plan coverage year, December 31, 2008; and direct the County Attorney to pursue appropriate legal remedies to recover any unpaid required employer contributions by the Clerk’s Office.

 

 

Mr. Ellis stated the Board may want to have Attorney Knox look at the reserve issue as well.

 

Chairman Scarborough stated the County needs to look at all of these things.

 

 

 

 

Mr. Abbate stated staff will work with its consultant and the County Attorney; however, he does not believe the Clerk’s Office is entitled to any of the reserve, but they will work on that issue, and will be happy to report back to the Board.

 

Commissioner Nelson inquired if the Clerk was under the County previously and it was paying that, was that when the reserve was created.  Mr. Abbate responded the reserve has been created over the years, since 2000 up to now, to pay for claims that are a result of in runoff; under a fully-insured program with a self-insured program, one does not leave the plan and take reserves with them; and that is not how it works.

 

Mr. Ellis inquired if the Plan is dissolved, who gets the reserves; with Mr. Abbate responded the employer, but that is not what is being discussed here.  Mr. Abbate stated the Clerk’s Office is a participating employer in the Board’s Plan; that is something different; and he will be able to turn it over to the consultants if the Board wants any further direction.

 

Chairman Scarborough stated the County can just look at this as an extended discussion; he has questions in his mind; he needs to talk to a lot of people about a lot of things; and the issue is going to come back.

 

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

 

 

Mr. Ellis advised any time there is an excess in the insurance, it is refunded back to the departments where it can from.  Mr. Abbate stated in the Property Casualty Program that is true.  Mr. Ellis stated so clearly, if the Clerk pulls out, the County does not need that larger reserve.  Mr. Abbate stated the County will have runoff claims, but they will discuss that.  Mr. Ellis stated he understands that, but at some point, the County will be able to lower its reserve numbers.

 

Commissioner Voltz inquired when is the Insurance Workshop scheduled; with Ms. Busacca responding May 22, 2008.

 

 

 

 

Upon motion and vote, the meeting adjourned at 3:22 p.m.

 

 

 

 

ATTEST:

                                                                          _________________________________

                                                                          TRUMAN SCARBOROUGH, CHAIRMAN

                                                                          BOARD OF COUNTY COMMISSIONERS

                                                                          BREVARD COUNTY, FLORIDA

 

____________________

SCOTT ELLIS, CLERK

 

 

 

            ( S E A L)