MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 31, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on January 31, 2008 at 5:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming February 2-9, 2008 as Hazardous Weather Awareness Week in Brevard County, to focus awareness on the destruction and fatalities caused by severe weather in Florida.  Motion carried and ordered unanimously. 

 

Emergency Management Director Robert Lay presented a Noah Weather Alerting Radio; it could be bought in most stores for around $25; and he explained how it worked; and how it can save lives. He introduced Senior Emergency Management Coordinator Charlie Roberts, Emergency Management Coordinator and Radiological Coordinator Ray Ginn, and Meteorologist in charge of the Melbourne Weather Bart Hagameyer. Mr. Hagameyer thanked the Board for making the proclamation. He stated he works very closely with Bob Lay and Brevard County Emergency Management.  He advised that next week is Hazardous Weather Awareness Week and Wednesday is the Statewide tornado drill at 10:00 a.m. He stated that Saturday is the one day anniversary of the Groundhog’s Day tornado that killed 21 people in Lake County and he would be at the Memorial Ceremony. He stated one of the main findings from the outbreak was these kind of weather radios that can really save lives. 

Commissioner Chuck Nelson stated he is serving on the Canvassing Board; the Canvassing Board is finalizing the counts from Tuesday’s elections; and he may have to leave for a few minutes to sign some final results.

REPORTS, RE:  LEGISLATIVE AGRICULTURAL LUNCHEON

Commissioner Jackie Colon stated she attended the Agricultural Legislative Luncheon and she shared what was discussed.  She asked the Board to watch it closely to see if there is any way that the Board can show its support with a resolution or a letter of support to the agricultural community.  She stated there are going to be some decisions made soon. She suggested the Board request Jim Fletcher to put something together with some of the issues; and the Board can give direction to Ms. Busacca to speak to Mr. Fletcher and put it on the Agenda.

 

David Murray stated he bought property two years ago off of Grissom Road in Cocoa, which had been cleared by the previous owner; about a year and a half later he received a letter from the County that fined him $5,000 for clearing the property; before he bought the property he had some people from Natural Resources Management go to the property with him to look at it; they had discussed the fact it had been cleared and was in a scrub area and the comment was made that there was nothing they could really do to the previous owner because they did not catch him clearing it; but now a year and a half later they are trying to fine him $5,000. 

 

Chairman Scarborough inquired to the Statute of Limitations.  County Attorney Scott Knox responded it depends on what the facts are. Chairman Scarborough suggested Mr. Murray meet with Mr. Knox and himself. County Manager Peggy Busacca stated Assistant County Manager Mel Scott would meet with Mr. Murray.

 

 PUBLIC HEARING, RE: ADOPTION OF UNIFORM METHOD OF COLLECTION FOR NON-            AD VALOREM ASSESSMENTS ASSESSED AGAINST IMPROVED RESIDENTIAL            REAL PROPERTY OWNERS WITHIN COLLECTION PROGRAM MUNICIPAL         SERVICE BENEFIT UNIT                                                                                                    

Chairman Scarborough called for a public hearing to consider adoption of uniform method of collection for non-ad valorem assessments assessed against improved residential real property owners within collection program Municipal Service Benefit Unit (MSBU).

 

Solid Waste Director Euripides Rodriguez explained the Board was meeting to approve two resolutions; one is the resolution for the uniform method of collection, which has to be approved before considering the rates and, it establishes how the assessment is going to be collected; and has been advertised four times.  Chairman Scarborough inquired if the Board votes in favor of the Resolution then what has it done.  Mr. Rodriguez responded that the Board will have authorized the Department to put the assessment on the tax roll. He further explained the resolution will affect only what will go on the assessment; the rates that are left will not be shown on the assessment; and the rates are the maximum that Waste Management can charge for commercial property. He stated it is based on the contracts and those will be coming back to the Board in August as part as the regular budget. 

 

Chairman Scarborough inquired what was coming back to the Board in August.  Mr. Rodriguez responded it is rates that Waste Management charges to commercial property owners for rentals of dumpsters. He stated it does not go to the assessment. Chairman Scarborough stated what is being discussed in August deals with businesses and not homes.

 

Ms. Busacca requested Mr. Rodriguez clarify what level of service the contract includes.  Mr. Rodriguez stated the level of service the contract includes is basically as approved by the Board the last time, exactly the same level of service currently which includes two garbage pickups, one yard waste pickup, and one recycling pickup a week. He stated the letter went out for the maximum rate being discussed, which was $161.70.  He stated the Board can decide that based on the actions that it took after the letter went out; the rate resolution that was presented to the Board is $125.70; the rate is established for the next five years; and staff will not have to go through the process of mail outs.

 

 

Ms. Busacca inquired if the rate was currently $117.82; and asked Mr. Rodriguez to explain exactly what people are getting for this money annually.  Mr. Rodriguez advised if the Board decides to renew the contract, there is a 4.3% initial increase for residential property and a 3% increase annually up to a maximum of 8.25%.  He further explained staff has averaged the price so more would be collected in the beginning, and then to pay Waste Management less; and towards the end of the contract the same amount of money will be collected but more will go to Waste Management than at the beginning of the contract.  He advised Waste Management can request an increase of up to 3% per year based on the CPI; and the contract also establishes an initial increase for commercial property of 5% with the same cap.

 

Commissioner Voltz inquired why it has to be done on the tax bill.  Mr. Rodriguez responded years ago it was decided to do collection for health purposes mandatory throughout the County to assure no illegal dumping or things of that nature occur; at that time it was decided that the best way to do it would be through the tax bill pre-paying it directly to the contractor so they could oversee the contract; and at the same time be more assured that the contract is being followed and illegal dumping is at a minimum. 

 

David Murray stated where he lives the dump trucks will not come down his road and pickup trash because they will not be able to turn around; as of right now he does not pay taxes on that; and it has been taken off his bill because they do not pick up his trash.  He inquired if with the new contract he will be no longer be able to take that part off. Mr. Rodriguez responded it is based on a case-by-case basis; if people are not provided the service of collection he or she will not be billed for it. He stated if Mr. Murray is being billed and not being provided the services, to contact him. Mr. Murray stated in the paper it said part of the new contract was to get rid of that option. Mr. Rodriguez stated there is going to be areas in the County that there cannot be services for different reasons, and that is handled case-by-case.

 

Merri Anne Stowe stated she is pleased with her current service and she would like to see that renewed; the Board did address one of her concerns regarding a 37.3% increase; and she inquired does the contract still have all of the income from the recyclables going to Waste Management instead of 50% to the County. Mr. Rodriguez responded the contract stays as it is, including the 50% split for the revenues coming from the sale of the recyclables. Ms. Stowe inquired about the large bins. Chairman Scarborough responded the Board decided against them.  Mr. Rodriguez agreed the bins that were part of the auto cart option was not approved by the Board.

David Schapson stated he has been a resident of the Canaveral Groves for the last twenty years; he inquired why the Board chose to do a five-year contract with Waste Management; and by having a lengthy contract how does the Board know that it is getting its money’s worth.  Chairman Scarborough responded a year ago he went out for an RFP in the north area to see the difference; as it evolved it got into a proceeding with a whole new methodology; the Board decided to keep the current contract; and some of the motivation was it did assure lower rates and a system everyone knew and was comfortable with.  He stated if Mr. Schapson would like to talk personally to call his office. Commissioner Voltz stated it was also a matter of a five year option and the prices offered.

 

Mr. Schapson stated he felt if Commissioners give lengthy contracts, smaller company do not get the ability to grow; Waste Management at one time was a small company; and through its service it grew to be almost an icon in the Waste Management business. He further stated he thinks the service has stayed the same for an 8% increase. Commissioner Nelson stated the reason he supported continuing the contract was because Waste Management had the lowest rates in the County; and now it has the second lowest rate out of seventeen contracts in the County. He further stated costs of services have gone up and right now to go out to bid contractors are having to guess what gas prices are going to be; this contract was a good deal; and some contracts have gone out locally; which have been much worst. Chairman Scarborough agreed that those who have been going out for bids have been getting financially higher numbers; and stated if Mr. Schapson would like to speak with him further to give him a call.

 

Bob Reiman expressed his thanks to the Board.  He stated the trash pickup is convenient but he does not know what goes in what bucket what day; Waste Management said they would send him instructions and his bucket has been out  for about five days; and he inquired how to find these things out when becoming a new resident.  He stated he has been in Brevard County for a year and the only one who knows he is here is the Tax Collector; and he suggested a welcome package be given to new residents from Waste Management with instructions. Chairman Scarborough stated he thought that was a wonderful idea and suggested Mr. Rodriguez and Mr. Geletko work on something for new residents. Mr. Reiman suggested a welcome package when taking ownership that also advised what district a person is in and contact information that is needed for trash, fire, and police.

Edna Johnson inquired if she would receive a letter advising how much she has to pay. Mr. Rodriguez responded it will be reflected on the bill.  Ms. Johnson inquired if she pays the bill when she receives it; with Commissioner Voltz responding yes. 

 

Dan Pohnert inquired if in five years that the rate will be $125 per household.  Mr. Rodriguez responded it will be $125.70. Mr. Pohnert inquired if there are going to be automatic trash cans with a $50 deposit for an extra can.  Mr. Rodriguez responded it is not part of the contract that was approved by the Board. Mr. Pohnert thanked the Board.  

Francesco Frulio inquired if the $125.70 is going to be sent as a one-time bill. Commissioner Voltz responded it is on his tax bill. Mr. Rodriguez advised it is a yearly charge for the next five years that will be on the tax bill on the bottom portion with the rest of the assessments. Mr. Frulio inquired what percentage increase that is; with Mr. Rodriguez responding 7%. Mr. Frulio inquired if the 7% can go up an additional 8 ¾%. Mr. Rodriguez responded to the homeowners no. He advised what was going to fluctuate is the payment to Waste Management and it is already taken into consideration.

Richard Jamarillo stated the trash collection is fine but sometimes can be a little overkill with yard pickup once a week; the neighborhood does not have that much yard waste; and suggested if the pickup was every other week less fuel would be used and operators would not

be needed as much; then the rate could be kept at $117.82. Chairman Scarborough stated the contract was just renewed to keep rates locked in.  Mr. Rodriguez advised to do changes would be the same as renegotiating the Contract. He stated it is an average throughout the County; some areas have little waste while others have waste every single day; and there are seasonal fluctuations not taken into consideration.

Tony Guzzo stated he lives in Americana Resorts and have their own garbage disposal but are on the tax roll.  Mr. Rodriguez stated it is a choice of the residents whether they want the trucks on their street or not and a minimum level of service is offered. Mr. Guzzo inquired if they wanted their garbage picked up Solid Waste would pick it up. Mr. Rodriguez responded yes if that is what he pays for.  Mr. Guzzo stated he did not agree with that, if they do not pick up his garbage he should not be taxed for it. Chairman Scarborough suggested Commissioner Bolin meet with him to discuss it further. Commissioner Bolin suggested he contact her office or speak with her Aide Dave Dingley to get some of the particulars. 

Commissioner Nelson inquired regarding condominiums and zero lot line places that have dumpsters.  Mr. Rodriguez responded that apartment buildings and condominiums are central locations; there is not a place to put individual garbage cans; and residents pay at a reduced rate. He further explained these types of properties do not generate much yard waste, which can be a big component of the collection purpose.  Commissioner Nelson inquired if residents would see a reduced rate on the tax bill. Mr. Rodriguez responded that is correct and Waste Management provides the dumpsters.   

 

Mr. Decesar inquired if the big cans are being distributed. Commissioner Voltz responded they are not getting them. Mr. Decesar stated he is glad because he is happy with the way things have been done for the last ten or fifteen years. He asked Mr. Rodriguez if he worked for Waste Management.  Mr. Rodriguez responded he works for the County. Mr. Decesar stated he wanted to clarify the amount is going to be $125 because he is concerned about the elderly people living on fixed incomes.  

Dennis Solis stated he read the letter he received from the County that says his property receives a special direct benefit from the provisions of solid waste collection services and he is not sure to what special benefits they are referring to. He stated 50% of the time he takes his own garbage to the landfill because it is easier than dealing with the employees of Waste Management. He further stated if he has three or four palm fronds on top of the garbage cans that are filled with garbage; Waste Management will not pick any of it up; the recycle bins have holes at the bottom, which leaks if any loose liquid is in the can or bottles; and the bins are too small. He further stated he bought a larger recycle bin which was picked up for two years until Waste Management hired a new driver who refuses to pick it up because it is not a regulation bin; and Waste Management advised that the only pickup is from regulation bins.  He stated he bought a 55-gallon garbage can, which Waste Management advised according to the contract they do not have to pickup cans that size. He expressed his belief that it is incumbent upon the Board to be looking for ways to reduce costs, especially in light of Tuesday’s tax cut approval. Chairman Scarborough requested that Mr. Rodriguez get a written form of Mr. Solis’ issues to Waste Management and get a response to the Board on each of those items because those are the types of things that create problems. He stated that even though we are renewing the Contract it does not mean that those items are not enforced to make the Contract work for the citizens.

 

William Flynn inquired if there are bidding requirements the Board is subject to or can it  just arbitrarily decide to accept a contract from any company it chooses.  County Attorney Scott Knox advised there are bidding requirements for certain kinds of contracts but this is not one of them; the Board goes out for RFP every so often; and Mr. Rodriguez can probably explain it in more detail.  Chairman Scarborough stated the County has never gone out for RFPon this one.  Mr. Rodriguez stated when the Board approved the contract five years ago it already had a renewal clause in it; it was the discretion of the Board whether to exercise the renewal clause; and that it is not uncommon in some of the contracts.  Mr. Flynn inquired if the new contract will have a renewal clause in it. Mr. Rodriguez responded it would not because it is not a new contract; it is a renewal of the current contract. Commissioner Voltz advised that recently the Town of Grant-Valkaria went out for bid because they thought they could get a cheaper rate than what they are paying under the County Contract, which was $9.17 per month; and the Towns contract now is $21.70 per month which is a 100% increase because of the price of gas. She stated it really behooved the County to renew the contract at today’s prices. Mr. Flynn inquired if the Board is being proactive about trying to expand the Recycling Program with Waste Management because there is such a limitation on the materials being recycled; and stated there are all kinds of magazines and office paper that could be recycled. Mr. Rodriguez responded that right now staff is in conversations with the recycler and with Waste Management to increase the type of paper that can be put in the recycle bins; he hopes it will be concluded satisfactorily and to implement additional items to be recycled in February. 

Douglas Walker expressed thanks to the Board for keeping the garbage pickup the same.

Lawrence Berry stated he represents the Space Coast Apartment Association, which has approximately 19,000 apartment homes in the County and is associated with the Florida Apartment Association.  He inquired if apartment communities are considered commercial or residential because the billing they got was through the water bill indicates they are commercial accounts.  Mr. Rodriguez responded if Mr. Berry is getting a bill relating to solid waste through the water bill that is not in the unincorporated area and he is probably getting his services through one of the municipalities.  Mr. Berry inquired if there is anything being done to hold other fees down that Waste Management can charge. Mr. Rodriguez advised the rental fees for dumpsters are regulated and those will be coming back to the Board as part of the budget process.  He explained the initial increase for commercial for rentals are 5% and they will be capped out at 8 1/4% through the life of the contract; and instead of having them averaged out they are paid directly from the commercial property to Waste Management to phase them in.

 

Paul Lewis stated he has been a resident of Brevard County for over 40 years and he is glad to hear that the uprising of the general taxpayer is beginning to be heard. He stated he has been before the Board a number of times but in the past six or seven years the expenses of running County government have gotten totally out-of-hand; and he is glad to see that at least in this particular subject some common sense has come around.

Roger Bigelow stated he is with Americana Resorts, which has 417 units; they did elect to use dumpsters, and they do pay Waste Management for picking up those dumpsters. He stated he would like it if Waste Management picked up their garbage twice a week; they pay $3,100 per year for the dumpsters; and inquired if it is a negotiable thing for them to do with Waste Management. Mr. Rodriguez advised it is not regulated in the Ordinance so they can. Mr. Bigelow stated that eighty plus residents in American Resorts are snowbirds.  Mr. Rodriguez suggested Mr. Bigelow meet with him after the meeting to discuss it.

 

Tony Decesare inquired where to take paint and oil.  Chairman Scarborough stated that is an excellent question and advised Mr. Rodriguez that the Board is interested in pursuing the dissemination of information to the public on the subject and how it is handled. Mr. DeCesare stated he does home improvements all over the County and people always ask him to take their paint and oil and dispose of it. Chairman Scarborough stated if people do not know where to take it, he or she will hide it at the bottom of the garbage. Commissioner Bolin advised in Satellite Beach a Hazardous Day was held at one of the schools where people could drop off paints, oils, and other hazardous waste. She stated it is advertised in the paper when they will be doing that.  Commissioner Nelson advised there is the Adamson Road Landfill facility, which is west of Cocoa.  Mr. Rodriguez advised the hours are 8:00 a.m. to 4:00 p.m. or 4:30 p.m., Monday through Saturday, which take those materials. Mr. DeCesare inquired if there is anything off of Sarno Road. Mr. Rodriguez responded it is for homeowners but it is temporary because they do not have permission for a permanent one; and it is open Thursday, Friday, and Saturday.  Mr. DeCesare inquired if there is a charge; with Mr. Rodriguez advising there is no charge for homeowners because it is already paid through assessments. Chairman Scarborough advised there is a Mockingbird Lane Mulching Facility in North Brevard that is open Monday through Saturday with the capacity to receive everything at no charge. Mr. Rodriguez advised that there is a website with all of the information being discussed at www.brevardcounty.us.  

 

Commissioner Bolin stated all of her emails from the people repeated the same thing, which was if it is not broken do not fix it; and that people are happy with services as they are.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution providing for a uniform method of collecting non-ad valorem assessments for the solid waste collection and recycling program Municipal Service Benefits Unit (MSBU) pursuant to Section 197.3632(3)

(a), Florida Statutes; describing the boundaries of the real property subject to the levy for such fees; providing an effective date; and providing for adoption. Motion carried and ordered unanimously.   

 

Chairman Scarborough called for a public hearing on a Resolution adopting solid waste special assessment rates for collection and recycling assessment for FY 2009-2013.

 

There being no objections heard, there was a motion made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution approving the imposition of an annual solid waste collection and recycling program special assessment for all improved residential real property upon owners within the Brevard County solid waste collection and recycling program Municipal Service Benefit Unit for county fiscal year beginning October 1, 2008. Motion carried and ordered unanimously.  

 

 

County Attorney Scott Knox stated he needed to ask for an Executive Session in this case for February 19^th at 11:30 a.m.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the cost of advertising for, and the scheduling of a private Executive Session February 19, 2008, at 11:30 a.m., pursuant to section 286.011(8), Florida Statute, in the case of Brevard County v. The Authorized Trustees of Marshall Lodge #292, et. al., Case No. 05-2005-CA-0020159-XXXX_XX, for the purpose of discussing settlement negotiations or strategy related to litigation. Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough suggested that Commissioner Bolin check into some sort of welcome package for new homeowners that also included information on libraries, parks, etc.; and to report back to the Board. Commissioner Bolin stated she will take on the task.  Commissioner Voltz stated there used to be a welcome wagon and when someone moved in to the neighborhood there was actually a committee of community people who would give the new owners information. She advised that Florida TODAY does publish once a year a book on every service Brevard County has.  Chairman Scarborough stated this question has come up from some of the organizations around North Brevard, and Commissioner Bolin will be coming back to the Board with some of these answers.  

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 6:19 p.m.

 

 

 

ATTEST:                                                         _________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)