MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 8, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 8, 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 Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Commission Aide Dave Dingley, District 4.

 

Commissioner Colon led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the September 11, 2007 Regular Meeting Minutes, October 4, 2007 Zoning Meeting Minutes, and December 6, 2007 Zoning Meeting Minutes.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin read aloud a resolution recognizing the 107^th birthday of Maurine Engel.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing the 107^th birthday of Maurine Engel, and encouraging those whose lives she has touched to celebrate with her in this proud moment.  Motion carried and ordered unanimously.  

 

 

Maurine Engel stated she has had a good, happy life; and she loves most everybody.  Commissioner Bolin inquired how one goes about living to age 107; with Ms. Engel responding living each day at a time, and seeing the good in people. 

 

Ms. Engel’s family expressed appreciation to the Board for the Resolution; stated her family is grateful to Ms. Engel as a mother; and she has always had a get-up-and-go spirit in which everybody loves.

 

 

 

Chairman Scarborough read aloud a resolution congratulating Sharon Camp on her retirement from Brevard County.

   

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution congratulating Sharon Camp upon her retirement and commending her for twenty-one years of loyal and dedicated service to Brevard County, and wishing her good health and prosperity in retirement.  Motion carried and ordered unanimously. 

 

 

Sharon Camp expressed appreciation to the Board. 

 

John Sellers, Information Technology Director, stated Ms. Camp is an employee that employers love to have; she is not only deeply competent at what she does, but she really cares that what she does is done correctly all the time; and as a manager in the office, it was wonderful to know that he did not have to worry about addressing or databases because he had Ms. Camp there to worry about it for him.  He noted Ms. Camp has also had an impact on the State; a lot of Counties around the State use Brevard County’s addressing ordinance, which Ms. Camp had a hand in developing; and she is also a leader in geographical information databases around the State.  He stated he will miss Ms. Camp deeply.

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Bret Michael Butler.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Eagle Scout Bret Michael Butler, who earned the rank of Eagle by completing the rigorous requirements in areas of personal development, leadership, and community service.  Motion carried and ordered unanimously. 

 

 

Bret Michael Butler expressed appreciation to his family and Troop 362 for their work and support; and he also thanked his Cross Country Coach, Doug Butler, for everything he has done for him. 

 

 

 

Neta Harris stated this year will mark the 11^th Annual Birding and Wildlife Festival; the Festival will be held on January 23 – January 28, 2008; and it will be headquartered at Brevard Community College in Titusville.  She advised the opening reception will be held Wednesday, January 23, 2008; and the Commissioners are invited.  She stated people from all over the world come to the Festival; and the furthest one is a tour group from South Africa. 

 

Lynda White, from the Audubon Center of Birds of Prey, stated she is the Eagle Watch Coordinator at the Center; and with her today is Trouble, a 22-year old Bald Eagle that was born with a crossed beak and therefore cannot survive in the wild.  She stated also with her is Cracker, a Crested Cara Cara; and there is a lovely population of Cara Cara’s in the Viera Wetlands. 

 

Paul Shalub, a volunteer with the Enchanted Forest Sanctuary, stated with him today is a Box Turtle, which is a land turtle; he also has a yellow rat snake, which is very important for rodent control; and like most of the snakes in Central Florida is harmless. 

 

Ms. Harris advised Mr. Shalub will be doing a special presentation at the Festival on reptiles and turtles; Ms. White will also be at the Festival with a display in the exhibit facility; and there will be a field trip to the Audubon Center’s Birds of Prey.  She stated one of the highlights of the Festival this year is going to be Operation Migration, which is the reintroduction program of the almost-extinct Whooping Cranes; the cranes are raised from an egg and in order to reintroduce them they fly behind an ultralight plane from Wisconsin to Florida; and then the Cranes learn how to fly back by themselves.  She stated one of the things that has helped the Festival is the support of the County Commission; and she thanked the Board for the funding provided to the Tourism Development Office and the Brevard Cultural Alliance that allows advertisement of the Festival outside Brevard County.  She advised Brighthouse Networks helped to put together two, 30-second commercials; and she showed the commercials to the Board.  She stated she would like the citizens of Brevard County to come to the Festival; there are a lot of programs geared to educate citizens about natural resources, conservation, the environment, and a number of programs that families will enjoy; and the Native Plant Society will also be there with plants to sell.  She advised there will be an array of speakers at the Festival that are recognized nationally and internationally; and there are people from the local area that are naturalist biologists that will also be at the Festival.  She noted people can log on to the website, www.natureandspace.com or www.nbbd.com/fly, or they can call her at 321-268-5224.

 

Chairman Scarborough commented on parrots becoming naturalized in the State; and people who live here have a lot to gain from the Space Coast Birding and Wildlife Festival. 

 

Commissioner Colon inquired of Mr. Shalub if it is correct that if one picks up a turtle from the middle of the road, he or she should take it to the side of the road in the direction the turtle was traveling; with Mr. Shalub responding that is correct.  Mr. Shalub stated as the water levels go up and down with the rains, a lot of the water turtles come out and move across the roads at different times of the year; and traffic is a real hazard for all turtles.  He noted the general idea is to try to keep the turtle in the area that it is headed; it will know that habitat the best; and if a turtle can be taken out of eminent danger and placed 20 or 40 feet off the road, it is best. 

 

Commissioner Nelson stated if anyone cannot go to the Festival they should still get the magazine as it talks about Brevard County and all of its wonderful natural resources.

 

 

Chairman Scarborough stated as an attorney he recognizes that sometimes there are laws that are very well established; and there are other times when an attorney reaches out and looks to new areas of law because it is the right thing to do.  He advised a while ago when the Board was discussing the power plants in the Port St. John area, County Attorney Scott Knox suggested the Board may want to consider bringing litigation; and while the steps in going to litigation required the utilization of specialists from Cambridge, Massachusetts, associated with Harvard University, the law itself is complex.  He stated while it is not known to the full community and discussed by the Commission, he would like to have staff recognition of Attorney Knox and Assistant County Attorney Christine Lepore, for the efforts they have already been putting in; and expressed appreciation for what they are doing.  

 

 

 

Commissioner Voltz stated as the Board may know, her office flooded last month; and she would like to recognize the Facilities Department employees who helped repair the flood damage.  She read aloud a recognition for the Facilities Department.  She recognized James Bell, B.J Daughtry, Scott Hanson, Al Roye, Leo Arteaga, Al Potthoff, Frank Orlowski, Scott Barrett, and Steve Quickel.    

 

Facilities Director Steve Quickel stated when emergencies and catastrophes happen is when the employees get recognition; the staff enjoys the excitement and the opportunity to do something that is noticeable; but to a lot of people it is a 24-hour a day job; and staff is always working at keeping the County facilities functional, operational, and safe.  Commissioner Voltz stated staff worked for seven days straight; and she is very proud of them. 

 

 

 

County Manager Peggy Busacca advised Item VIII.B.1., Settlement Agreement between Brevard Mosquito Control District and Florida Department of Environmental Protection, Re:  Task Assignment Change Order, and Item VIII.E.1., Approval of Legislative Intent, Re:  Ordinance for Hospital Care for Inmates, are withdrawn from the Agenda.

 

 

 

County Manager Peggy Busacca advised the Board received a replacement for Item III.C.3., Authorize Termination of Agreements with We Do Green, Re:  Lawn and Landscape Irrigation Maintenance Services at Harry T. and Harriette V. Moore Justice Center, Brevard County Government Center – Viera, and Parks and Recreation, Central and South areas; and she wanted to make sure the Board was aware that the requested action had been expanded to include the language, “It is further requested that the Board authorize the work previously assigned to the We Do Green to the second lowest bidders, Florida Lawn Choppers and Beachside  Lawn  Care  for  the  Parks  and  Recreation  Department  Central  and  South areas respectively; and to Greener Pastures Turf for the Facilities Department at the Viera Government Center and Harry T. and Harriette V. Moore Justice Center.”

 

 

 

County Manager Peggy Busacca advised SCGTV will be moving to Channel 199 later in the month; the move is based on the State Legislature and federal government making some changes; and SCGTV will be running a Public Service Announcement regarding the change. 

 

Chairman Scarborough stated he understands there is federal law dealing with the Board’s ability; but he thinks it reaches beyond that to the rights of people to understand what is happening with their local government; and he would like to have the issue on the Agenda for the next meeting.  He stated it is one thing to have an entertainment show on a premium channel, but it is another thing when there is a question of whether people will have access to information that is a part of government; and to make citizens pay $1.00 per month in order to get premium channels denies people access to government.  He inquired if the issue could be put on the Agenda for January 22, 2008.  Ms. Busacca advised the change will be effective on January 19, 2008; and inquired if the Board would like to see the Public Service Announcement.  Chairman Scarborough stated if there is going to be a Public Service Announcement, it should indicate that the Board will discuss the issue at the meeting on January 22, 2008 in more detail.  Chairman Scarborough stated there is information out there the Board needs to have; there are certain provisions when the County takes out an advertisement; the access to the public information of government information is part of the freedom of speech portion of the Bill of Rights; and he does not think there can be federal legislation that in some ways diminishes peoples’ rights under the Bill of Rights. 

 

Commissioner Nelson stated the Brighthouse website talks about its commitment to the community as one of safety and education; that is what a government channel does; and he would like to hear somebody from Brighthouse explain to the Board why it cannot place SCGTV in the basic channel groupings that do not have to be paid for.  He stated the federal government has built it into law that it will give people a $40.00 coupon to buy the converter for analogue to digital so that people can get basic cable service. 

 

Commissioner Colon stated when the Board first received this information two months ago she made a phone call to Brighthouse; the feedback from Brighthouse was not positive; and she is glad to hear that the Board is going to take some action. 

 

Commissioner Bolin stated she agrees with Chairman Scarborough for the item to be on the Agenda for January 22, 2008; and she looks forward to having a full discussion on the issue.

 

The Board viewed the Public Service Announcement.  Chairman Scarborough stated he is concerned that the Public Service Announcement has too positive a note and does not reflect the concerns of the Board; and it may be better for the Public Service Announcement to say the Board will be discussing the issue on January 22, 2008 and participation from the public is welcome.   Commissioner  Voltz  stated  people  need to know  what the problem is and why the Board is meeting on the issue.  Chairman Scarborough advised Ms. Busacca can put together some language for the Board to review.

 

Commissioner Colon stated the Public Service Announcement has already been playing; and inquired how long it has been playing; with Kim Prosser, SCGTV Director, responding it has been playing for approximately one week.  Commissioner Bolin inquired if Ms. Prosser has had any feedback from the public; with Ms. Prosser responding there have been a few comments from some people inquiring about how much it will cost and what is required.  Ms. Prosser advised SCGTV can stop running the Announcement.  Chairman Scarborough stated he would want to change the announcement to say that federal law has removed the local governments from their capacity to do any programming; however, the Board is concerned that access to public meetings is a part of peoples’ basic rights; and the Board will be discussing the matter in greater detail on January 22, 2008.  Ms. Busacca advised the federal government has said that by 2009 everyone will be on digital cable; the State decided to move that up one year; and that legislation is also part of the change. 

 

Commissioner Nelson stated he would like to know if it is dictated that SCGTV go on the channel numbers; sometimes the law tells what to do, but there are other areas that the law does not speak to; and he would like to know what the difference is. 

 

 

 

Commissioner Nelson stated he would like the Board to consider deleting Item VIII.A.3., Staff Direction and Permission to Advertise, Re:  Amendments to Chapter 62, Section 62-2117(b), Parking, Locating, and Storage of Recreational Vehicles and Recreational Equipment.  He noted staff has done a good job up to this point, but he thinks it would be helpful if the Board could clarify some of the issues. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to delete Item VIII.A.3., providing staff direction and permission to advertise Code Amendment for Section 62-2117(b), Parking, Locating, and Storage of Recreational Vehicles and Recreational Equipment from the agenda.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated he would also like the Board to consider deleting Item VI.D., Ordinance granting Economic Tax Exemption for Vitol Seaport Canaveral, LLC, from the agenda, because he would like additional time to look at the issue; there are sizeable numbers related to tax abatement; and he would like some explanation from the EDC and staff. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to continue the public hearing to consider adopting a Tax Abatement Ordinance for Vitol Seaport Canaveral, LLC, to the February 5, 2008 Commission meeting.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough advised Item III.C.3., Authorizing Termination of Agreements with We Do Green, Re:  Lawn and Landscape Irrigation Maintenance Services at Harry T. and Harriette V. Moore Justice Center, Brevard County Government Center, Viera, and Parks and Recreation, Central and South Areas, will be pulled from the Consent Agenda for further discussion. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise a public hearing to be held on February 5, 2008 to accept improvements and adopt the final assessment roll in the Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit.  Motion carried and ordered unanimously.

  

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution authorizing conveyance of real property interest by the County; and execute Easement in favor of Florida Power and Light Company for property within the Viera Health Department Complex.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute the Certification Statement of the Brevard MPO/Brevard County Staff Services Agreement, extending the Agreement through December 31, 2008.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Professional Services Agreement Amendment No. 12 with BRPH Architects-Engineers, Inc. for services required for the Chain of Lakes Boardwalk and FEC Crossover.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Melbourne-Tillman Water Control District Annual Audited Financial Statements for FY 2006-2007.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt the Special Magistrate’s Recommended Order to grant Jim Lewis’ Vested Rights petition and record.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Memorandum of Agreement with Merritt Island Redevelopment Agency to utilize construction services of the Road and Bridge Department.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Certificate of Public Convenience and Necessity with the City of Cocoa/Cocoa Fire Department to allow provision of Advanced Life Support service within the City of Cocoa and mutual aid as requested.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and execute the National Association of Counties (NACO) 2008 Acts of Caring Program Application for the Volunteer Appreciation and Learning Garden’s efforts to promote community improvement through education and successful landscaping.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Jerry Jagrowski, to the Planning and Zoning Board, with term expiring December 31, 2008; and appointed  Jim   Ridenour  to  the  Tourist  Development Council,  with term expiring October 7, 2009, Billy Kempfer to the Extension Advisory Council, with term expiring December 31, 2008, and Mike Cunningham to the Zoning Board of Adjustment, with term expiring December 31, 2008.  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.

 

 

 

Michael Miller stated he is a member of We Do Green; and he was told recently that his company would be terminated as of today on both accounts, which are the Harriette T. and Harriette V. Moore Justice Center and Parks and Recreation, Central and South areas.  He stated his company has performed its duties properly throughout the years with Parks and Recreation; the company has only had problems with the Courthouse and the Government Center; and he would like to know why the company cannot keep the Parks and Recreation account.  He advised he has supplied the paperwork needed; the problem had been with Workman’s Comp; the company lost its policy for a week; and he paid the dues and got the policy back and submitted the paperwork to the County; but he was told the company would lose all of the accounts. 

 

Steve Stultz, Central Services Director, stated the contractor was notified of the lapse in insurance on both its vehicle and Workman’s Comp; the contractor has updated the Workman’s Comp; however, Central Services has still not received any certificate of insurance on the vehicle liability insurance; and that has expired.  Mr. Miller advised the certificates of insurance are current; and he was notified by the insurance company that it faxed Central Services the invoice.  Mr. Stultz stated Central Services has not received any updated certificates of insurance as of today.  Mr. Miller stated he can provide the certificate as soon as possible. 

 

Commissioner Colon inquired if staff notified We Do Green in writing of the Board’s concerns regarding the insurance; with Mr. Stultz responding the staff notified We Do Green in a letter dated November 30, 2007, of its lapse in insurance.  Commissioner Colon inquired if the County has to notify a contractor by a certain date; with Mr. Stultz responding December 5, 2007 was the deadline to let the contractor know the County needed the information.  Mr. Miller stated the County knows why there was a lapse in insurance; the company’s facility was broken into in October and the County requested a police report proving the break-in; that put the company in a financial bind also; and that was the reason the policy was not paid that particular month.

 

Emile Quest stated he agrees with his partner, Mr. Miller; the two of them have been trying to do a good job with Parks and Recreation; and he can say the company has accomplished its goals in meeting  the contract to  the point  that  they have received  letters  of commendation from the County stating We Do Green has gone above and beyond the scope of work required by the Contract.  He stated the relationship between the County and We Do Green has been good; We Do Green signed an extension for another year for the Parks and Recreation Contract; and all of the downfalls seem to have happened in the past couple of months.  He stated he would like to salvage some of the Contract in any way because We Do Green was able to meet the requirements until this particular point.

 

Commissioner Nelson inquired what the performance deficiencies of We Do Green were; and stated that is a greater concern to him than the potential for a paperwork issue.  Mr. Stultz advised the deficiencies are only on the Facilities Contract; but the insurance requirements are the same on both contracts.  Mary O’Neal, Facilities Department, stated We Do Green was sent a letter on October 10, 2007; it was the first letter sent regarding deficiencies at the Government Center and Justice Center; the letter mostly pertained to the weed situation; and the weed situation was severely out of control.  She advised We Do Green’s Contract gives it seven days to correct the deficiencies; and the County paid it an additional amount of money to come in and correct the deficiencies because of the lapse between the previous lawn contractor; when We Do Green took over the Contract the weeds had accumulated; and the County agreed to pay We Do Green additional compensation to do the work.  She stated We Do Green did the work within seven days; but on November 29, 2007 she again received complaints about the appearance of both Centers; and another letter was sent letting the company know it had another seven days to correct those deficiencies.  She stated it was only then that she found out about the insurance; the Facilities Department was planning to terminate based on the deficiencies; and the insurance problems came up after the fact.  Commissioner Voltz inquired if the County has a period in which it gives We Do Green a notice saying it has 90 days to correct all deficiencies or else the Contract will be terminated; with Mr. Stultz responding that is in the general terms of the Agreement that the contractor has, upon giving notice, a seven day period. 

 

Commissioner Colon inquired how long has We Do Green been contracted with the County; with Mr. Stultz responding approximately two years; We Do Green has had the Parks and Recreation Contract longer than the Facilities Contract; there is a difference in the scope of services between the two Contracts; the Facilities Contract is more detailed as far as the landscaping; and the Parks and Recreation Contract is predominantly mowing and trimming.  Commissioner Colon inquired if the situation is standard with what the County does with all of its contractors, in which if they do not do what is required the County will start the procedure of termination; with Mr. Stultz responding affirmatively.  Mr. Stultz stated it is standard contract language that the contractor is provided a certain number of days to make corrections or provide the manpower and the resources necessary to make the corrections; and if the corrections are not made, there is a procedure for termination.

 

Commissioner Voltz inquired if the County has two separate Contracts with We Do Green, and if the Board is looking to terminate both Contracts; with Mr. Stultz responding affirmatively.  He advised there are two separate Agreements; one is for the Facilities Services for the Government Center and the Justice Center; but there are also Agreements for the Parks and Recreation facilities;  and with the  Parks and Recreation Agreement  there is no performance or deficiency issues documented except for the lapse in insurance, which is a requirement of the Agreement.  Commissioner Voltz inquired if We Do Green has provided the insurance; with Mr. Miller responding everything is current with the insurance.  Commissioner Voltz inquired if it is possible to separate the two Contracts; with Mr. Stultz responding the Contracts are separate.  Commissioner Voltz inquired if the Board is looking at both Contracts, or just one; with Mr. Stultz responding the Board is looking at both Contracts; but the Contract with Parks and Recreation is just an insurance issue.  Mr. Stultz advised he does not have any documented certificates of insurance showing current coverage on We Do Green’s vehicles.  Commissioner Voltz inquired if it is possible to give We Do Green 24-hours to provide the insurance certificates and let it keep the Parks and Recreation Contract.  Mr. Stultz replied that can be done if it is the desire of the Board.  

 

Commissioner Nelson stated if Parks and Recreation has had no issues beyond the technical paperwork issue, and that information is provided, then he is willing to continue that portion of the Contract and cancel the Contract for the Government Center and Justice Center. 

 

Chairman Scarborough inquired if Mr. Miller can obtain the proper documentation by the end of the meeting; with Mr. Miller responding affirmatively.  Chairman Scarborough stated he would like to hear from Mr. Stultz at the end of the meeting.  Mr. Stultz inquired if the Board would like to resolve the issues with the Facilities Contract. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the termination of Agreements with We Do Green for lawn and landscape irrigation maintenance services at Harry T. and Harriette V. Moore Justice Center and Brevard County Government Center-Viera; and authorize the work previously assigned to We Do Green to the second lowest bidder, Greener Pastures Turf.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough advised he has received a speaker card for Item III.D.3., and inquired if the Board would like to reconsider the previous action taken on the item.  Hearing no response from the Board, Chairman Scarborough noted the previous action would stand.

 

 

Chairman Scarborough called for the public hearing to consider request to withdraw public hearing, of petition to vacate portion of Sorrell Drive right-of-way (Kevin Scauzillo, Sherry Scauzillo, and Blake Foster).

 

There being no objection heard, the Board withdrew the public hearing to vacate a portion of Sorrell Drive right-of-way in Section 15, Township 24 South, Range 35 East – K. Scauzillo, S. Scauzillo and B. Foster from the agenda. 

 

 

Chairman Scarborough called for the public hearing to consider resolution vacating public drainage and utility easements – Marshall C. and Pearl J. Newton.

 

There being no objection heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution vacating public drainage and utility easements, as petitioned by Marshall C. and Pearl J. Newton.   Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider amending Ordinance 2005-12, Economic Development Tax Exemption for RMD Americas, LLC.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Ordinance amending Ordinance No. 2005-12; amending location of an Economic Development Ad Valorem Tax Exemption for RMD Americas, LLC from 550 Cidco Road, Cocoa, Florida, to the City of Rockledge, Section 10, Township 25 South, Range 36 East, Brevard County, Florida; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated the uniqueness of the subject parcel is that it is directly at the traffic signal throughout the whole strip of land; and it is going to afford some opportunities for safety and convenience.

 

Commissioner Nelson stated the entrance will be what the Board has always wanted for the Chain of Lakes Park Project because it is a lighted intersection and has good traffic control.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute the Contract for Sale and Purchase between Brevard County and Jordan and Williams, LLC, owner of a parcel of land lying east of U.S. 1, south of Jay Jay Road for a signalized entrance to the Chain of Lakes  Park  Project in  Section  28-29,  Township 21  South,  Range 35  East,  Brevard County, Florida; and approve the Contract subject to the addendum clauses.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated there is one employee in the County who has helped with this transaction work; and that employee is Holly Pardi.  He stated the transaction was not easy; Ms. Pardi has done a magnificent job; and he will send her a letter to be put in her personnel file because she is a special person.  Transportation Engineering Director John Denninghoff stated Ms. Pardi has worked very hard on the project; the project has taken a great deal of persistence, insight, and capability; it has not been an easy negotiation; and Ms. Pardi has done a terrific job.

 

 

 

Susan Valentine stated she would like to thank the Board for the Workshop on December 13, 2007; a lot was accomplished; and she hopes the Board approves the item as the situation is an emergency in the South Beaches and the Mid Reach.

 

Commissioner Bolin stated she is supportive of the request.  Commissioner Colon expressed appreciation to the residents for championing the issue. 

 

Commissioner Voltz stated the residents in the South Beaches have been on top of things in the community; and she appreciates the group keeping everybody informed.

 

Dave Richards stated the residents are all working together as a team; it is not only the residents that live in the South Beaches; 50 percent of the land in a four to five mile stretch is owned by the County; and it is protecting the beaches, which is a large portion of the revenue. 

 

Commissioner Nelson stated he would like Natural Resources Management Director Ernie Brown to speak to the nature of the emergency; and he would like County Attorney Scott Knox to make sure the Board has followed all of the appropriate steps necessary to declare the emergency.

 

Mr. Brown advised the agenda item was written in such a way that it can be used as the instrument for certifying the emergency circumstances in accordance with Florida Statutes, which would allow the County to invoke the criteria for the shortened bid process for the construction and no-bid contract for the management oversight criteria; and it is designed that way to allow the Board to use this as the certification instrument.  He advised there are structures that are at immediate risk; and that is how it is presented to the Board for continuance of its action.

 

Attorney Knox advised the motion should include a determination that there is a public emergency in the South Beaches area and there is immediate danger of loss of public or private property. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to ratify advertising a Request for Bids for a reduced 10-day period for restoring sand to the Mid Reach and South Beaches,  negotiate a  contract  with  the  low bidder(s);  authorize  the  Chairman  to award and execute contract(s) for the lowest cost responsive bid(s); and affirm staff’s sole-source agreement with AMEC Earth and Environmental, Inc. for professional construction oversight and management services, with a determination that there is a public emergency in this area and there is immediate danger of loss of public or private property.  Motion carried and ordered unanimously.

 

 

Assistant County Manager Stockton Whitten stated the item is a number of actions to renew the Contract with PFM for the long-term investment services; the Contract expires today; and this is a request to extend the Contract by one year.  He advised additionally, this is also a request to authorize issuing an RFP for both the long-term portfolio management services and short-term portfolio management services.

 

Mark Peterson, Financial Accounting Supervisor stated the Finance Department would like to request the RFP be long-term and short-term as well as combined. 

 

Commissioner Bolin stated she agrees with Mr. Peterson. 

 

Assistant County Manager Stockton Whitten advised that is the intent of the item; and the intent is to get the RFP’s to determine whether it is best to issue all of it, either the short-term or long-term through one firm, or to split those services. 

 

Commissioner Nelson stated that will give the Board prices, but it will not give it companies that are qualified to provide that service.  Mr. Whitten advised staff is going to ask for a price proposal.  Commissioner Nelson inquired if Mr. Whitten is going to ask all of the firms for a price; with Mr. Whitten responding as part of the proposal staff is going to ask the cost of providing the service; and that is also the way it was done the last time. 

 

Chairman Scarborough stated the Board has to immediately renew the long-term because it expires today; excluding the short-term issue, the Board has to go out and get an RFP to see if there are others it would like to have do the work; and the actions are two separate actions.  He advised the RFP would be for the subsequent year; it would be an RFP for a long-term for 2009; and in between that is the conversation of whether or not it would be prudent to have somebody pick up the short-term.  He stated the Board cannot address the short-term at this moment because there is nothing to discuss and it has to extend the long-term; and the Board could defer the whole short-term discussion until it comes up with the RFP’s in the subsequent year.  He stated since PFM Asset Management has the long-term it appears to him that it could, in the interim, address the short-term as an addition to its Contract and come back; and inquired if that is what the other Commissioners understand as well.  

 

Steven Alexander, PFM Asset Management, stated given the great communication system between his firm, the Clerk’s Office, and County Administration, PFM can immediately pick up the short-term.  Chairman Scarborough stated the Board would like to renew the Contract immediately, request that an RFP be prepared defining both the cost of short-term and long-term, and ask PFM Asset Management to come back as rapidly as possible with a proposal for the short-term for the duration of the Contract.  Mr. Alexander stated that can be done.

 

Commissioner Voltz inquired if the suggestion is for the Board to take all financial investments out of the Clerk’s Office; with Chairman Scarborough responding that is a premature decision because right now the Board has to renew the long-term.  Chairman Scarborough advised the Board will have an RFP that will analyze that; but PFM is able to come back independently in a week for a proposal on the short-term.  Commissioner Voltz stated right now the Clerk’s Office handles the short-term; and inquired if it is going to be turned over from the Clerk’s Office. 

 

Mr. Alexander stated the way the operation would work on a daily basis is that Mr. Peterson would still be overseeing the cash flows, and the cash needs, making sure there is enough money for payroll and accounts payable; and PFM Asset Management would be buying those securities to satisfy those liabilities.  He advised the oversight in supervision of the day-to-day management should still rely on Mr. Peterson in the Finance Department; the actual buying and selling of the securities would be something PFM would do for the short-term, as it does for the long-term; and from an operational standpoint, the Clerk’s Office needs to be heavily involved to make sure all the cash flows are working; but the actual investment decisions will be made by PFM or some other firm. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the one-year renewal option with PFM Asset Management LLC for Investment Advisory Services of the County’s Long Term Investment Portfolio.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize development and advertisement of a Request for Proposal for Investment Advisory Services for both the long-term, short-term, and combined investment portfolios for the next year, including costs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to request PFM Asset Management LLC come back to the Board on January 22, 2008 with information regarding it managing the County’s short-term investment portfolio.  Motion carried and ordered unanimously.

 

Commissioner Colon inquired of the status of the SBA (State Board of Administration).  Mr. Peterson advised last week the State Board held a meeting with the Advisory Committee along with Black Rock to discuss what is happening; and right now there is a lot of discussion, but nothing that is firm.  He stated one thing that was discussed was that in the next four months, $3 billion  will  be  liquidated  through  maturities; and once that occurs, hopefully the County will be able to draw additional funds. He advised currently in Fund A is $115 million; in Fund B is $22 million; interest was received for the month of December, which was almost $500,000; and the day that was posted to the County’s account it was able to be drawn upon.  He stated the interest earned for the month of December was 4.87 percent; the County is still earning interest in both Fund A and Fund B; the State has not disclosed information yet as far as the amount of earnings and what is being distributed in Fund B; but hopefully by the middle of January, it will get to a place where it will start reporting the information on Fund B. 

 

Chairman Scarborough inquired if Mr. Peterson could explain the difference between Fund A and Fund B.  Mr. Peterson stated Fund A is the fund that Black Rock said was safe and secure; the funds were not down rated; the value of Fund A is 99.8 cents on the dollar; and Fund A is close to par.  He advised Fund B were those securities that were considered troubled or down rated by S&P and Moody’s; those funds were segregated out and held over to the side; and the valuation on those securities are approximately 98 or 96 cents on the dollar, which is the market value.  He stated one of the issues the Finance Department has been hearing from the State is the liquidity issue; Finance posed the question that if the value is 99.8 cents on the dollar, could some of the securities be sold to provide more liquidity to local governments; but the State said it is a liquidity issue to try to go to the market and sell something that there is not much of a market for and being subjected to a lower price.  He stated with Fund B there are securities that will be coming due in March or April; one of the discussions is once those mature, the funds will be moved into Fund A and then be available to the County; and as indicated in that past, once the funds become available, Finance will be withdrawing the funds and investing them itself instead of using the SBA.  He stated as far as the liquidity and the County’s overall funds, the County is still in a good position as far as liquidity; there is $100 million in a couple of various money market accounts; recently there was a large land purchase of $25 million; there have also been large debt payments and transfers to Constitutional Officers; and there is not an issue of being strapped to find cash to meet payroll and the other accounts payable.

 

Mr. Alexander stated the long-term portfolio that PFM manages on behalf of the County is also highly liquid; anything in that portfolio can be sold on any given day; it is all AAA rated securities and very high-grade corporate notes that are either AA or AAA; and anything that needs to be provided from a liquidities standpoint, if the short-term portfolio is not sufficient, the long-term portfolio can step in and anything in the portfolio can be sold at any time.  He advised the long-term portfolio has never been exposed to any of the securities the SBA has been holding; the long-term portfolio would be the envy of the SBA as it would love to have the kind of portfolio the County currently has; and the County has a good solid portfolio that is very liquid. 

 

Assistant County Manager Stockton Whitten inquired how much is in the long-term portfolio; with Mr. Alexander responding approximately $190 million.  Commissioner Voltz stated PFM Asset Management has done a great job and she appreciates the work it has done. 

 

Chairman Scarborough inquired if Mr. Alexander could explain the SBA.  Mr. Alexander stated the SBA is the State Board of Administration; it is a State Agency that is charged with the responsibilities to run the State’s Pension Plan as well as the Local Government Surplus Trust Fund,  which  is overseen  by the  Governor,  the Attorney General, and the CFO; and those are the three Board members that oversee the funds.  He noted the SBA also has the Pre-Paid College Fund, and the Hurricane Fund as well.  Chairman Scarborough inquired what happened to the portfolio that the SBA was managing; with Mr. Alexander responding the portfolio has been around for 25 years; it was created for local governments to place their money; it was supposed to be a money market fund that was to provide overnight liquidity; and it was to be invested in treasuries, CD’s, and agency notes.  He stated over the last three years, during the change in administration of the SBA staff, it migrated away from the plain investments and got into a lot of what is referred to as asset-back commercial paper, which are privately placed notes that have some type of security behind them; the SBA migrated to 99 percent in corporate securities; and in the past, the SBA had a variety of securities.  He stated as of September 30, 2007, the SBA had 99 percent in corporate securities, 45 percent in asset-backs, and another several percentages in securities such as the Structure Investment Vehicles, and Collateral Demand Obligation; and those are the kind of investments that ran into problems as the housing market declined.  He advised the market value dropped, the securities were downgraded and some of them became junk bond status; and those securities were placed in jeopardy of having a principle payment at maturity.  He stated it is yet to be seen if the private finance companies who have issued the bonds will actually have enough money to pay the investors on the day of maturity; and hopefully that will happen over the next three months.

 

Mr. Whitten stated staff has asked County departments to again look at their cash flow requirement; and that issue will be brought back to the Board with the report on the status of the County’s revenues.  Chairman Scarborough inquired when the Board will have the revenue discussion; with Ms. Busacca responding February 14, 2008.  Chairman Scarborough stated the Board will be talking about where it receives revenues.  Ms. Busacca stated the money that Mr. Peterson has described does not include the money that the Tax Collector has in the SBA for the County; and that is approximately $12 million.  Mr. Whitten advised the Tax Collector still has an issue of $89 million with SBA; and that is why it is important to look at the cash flow needs.  Chairman Scarborough inquired if it is $89 million for all government entities; with Mr. Whitten responding it is just the Board’s portion.  Mr. Peterson advised it is actually $60 to $70 million because there was a distribution at the end of December of $23 million.  Mr. Whitten stated it is his understanding that did not come from the SBA account.  Mr. Peterson stated the Finance Department and the Board gave direction that it did not want the SBA to transfer money from their SBA account into the County’s SBA account.  Mr. Whitten stated whatever the amount is, the important point is that there are tax receipts still tied up in SBA and that has a lot to do with being able to meet the cash flow requirements; and staff will try to address all of that in the report. 

 

Chairman Scarborough stated the Board needs to have a report on January 22, 2008; and requested the Finance Department as well as the Budget Office be present.  He stated the Board needs to have an ongoing discussion.

 

Mr. Peterson stated the long-term portion of the portfolio is approximately $190 million; there is over $100 million in money market accounts; and there is also approximately $130 million in short-term investments that will be maturing throughout the year, which will also provide liquidity throughout the year. 

 

Chairman Scarborough stated sometimes the Board has had to look for short-term monies to carry the County over until the tax receipts come over. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Patricia J. Stratton to serve on the Brevard Workforce Development Board, with term expiring June 30, 2011.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon stated one month ago Waste Management gave the Board its different options; and one of the options the Board looked at was approving an automated system.  She stated one thing she thought was very important, and made it clear to Waste Management, was that it was not to order any new trucks.  She stated she also made a motion to make sure the Board’s future discussion on the issue was at an evening meeting, which is the Workshop.  She stated in the last month the citizens have been very clear about the fact that they do not want the automated system; and she wants to make it clear that she is rescinding her vote to approve the contract.  She advised she will make a motion to rescind her previous vote and to vote for a manual contract at the Workshop and not an automated contract.  She stated some of the testimonials from people throughout the month have been heart wrenching; some of the concerns she has heard from the community have been that they have been getting hit from every direction, between taxes, insurance, gas prices and the housing market.  She stated the Board is not in the same situation as it was before; that is why it was critical to hear from the public; and her bosses were very clear that they do not want the automated system, no matter how great a contract it is.  She showed the Board a large stack of emails opposing the automated system; stated she also has a stack of phone messages that are just as large as the emails; and she is proud of the community because they took time to call her and send emails.  She stated she does not hear the people who are belligerent and unprofessional because she is not impressed; there needs to be mutual respect and trust; and she has always said she needs to hear from the people what they want.  She noted a lady called her office who was very upset of the way people carried themselves in the blogs on the Florida TODAY website; she has not been on the blogs herself; citizens need to let her know what they do not like about the contract; but to insult her because she is an elected official, and use certain words that were disgusting is not the way to carry oneself.  She stated the people who sent her emails did it the right way and with class. She stated some of the people who did not want the contract from the beginning told her they would support her campaign; she does not want their dirty money because that is not what this is about; and it is about listening to her bosses.   She stated  her bosses  spoke  loudly and said she needs to hear about the hardships they are going through; and some people do not know if they are going to be able to save their homes.  She advised at the last meeting, the Board scheduled a Workshop in order for citizens to come and address the Board; the notice that was mailed would have been mailed regardless of whether the fee was going  to be raised or  not; the  fee cannot go  up, but it  can certainly  go down; and she has the right and the legal power to change her vote.  She stated people told her she cannot change her vote; but she has the right to let the community know what she has heard; and she has heard from a lot of wonderful people in the last month.  She stated a gentleman called her on Friday from Merritt Island; he was upset because he could not reach another Commissioner that he was trying to call; and the gentleman explained to her why he did not want the automated system.  She stated she has always conducted herself like a lady; she has not stooped to dirty tactics; and she would like to thank all the people she has heard from in the last month.  She stated when it is appropriate she will be making a motion to rescind her vote so that the garbage collection will stay manual; and at the Workshop the Board will only be looking at the manual system. 

 

Chairman Scarborough stated he would like to thank Commissioner Colon; if the Board rescinds the previous vote and makes a new motion to remain on the manual system, citizens will not have to come to the Workshop to oppose the automated system.

 

Commissioner Bolin stated she also has spent the last several weeks looking into the Waste Management issue; she is a strong advocate for the automated system; however, she has been listening to the citizens and doing a telephone campaign to speak to the citizens; and the majority of the people have said they like the service they are getting; but they would like to stay with the manual system.  She stated she represents District 4, but as a Commissioner she has the responsibility of looking at the entire unincorporated area; and she will also recommend to the Board that it stay with the manual system.  She stated she would like to go on record in that when looking down the road in five years when the Board needs to renew the Contract with Waste Management, the cart system is something that will be looked at because that is the trend; but at this point in time her suggestion is to stay with the manual system. 

 

Commissioner Voltz stated she would like to thank her staff; she has been out of the office for a few days; and her staff has done a marvelous job in answering phone calls.  She stated originally she supported the automated program because a pilot project was done and everyone involved in the pilot project thought the system was a great idea; and that is what the Board relied on.  She stated she spoke to former Commissioner and current Representative Thad Altman recently; when he was in office there was a pilot program to see if the County wanted to go to garbage pickup once a week; and he stated it was disastrous.  She stated the Board has heard from a lot of people; some people have been mean spirited in emails; and she has tried to stay professional.  She stated most of the people she heard from had a lot of misinformation, such as the Board was going to approve once a week garbage pickup, and that Waste Management is going to lay off two-thirds of its employees; and none of that was true.  She stated there was a lot of misinformation, but most people did not want the automated system.  She stated the Board hears from people and changes its mind; people have elected the Commissioners to make decisions; and if Commissioners are not willing to reconsider then they are not on the Board for the right reasons.  She stated she also has reconsidered and agrees the Board should stay with the manual system.

 

County Attorney Scott Knox advised technically the motion needs to be to rescind an action previously taken to direct staff to negotiate the automated system. 

 

Euri Rodriguez, Solid Waste Management Director, stated the Board should state “autocart” system, as that is the way it has been referred to in all of the documents.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to rescind the previous action taken to direct staff to negotiate a contract for an autocart system.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve renewing the existing Contract for the manual system.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated there were still some questions on the existing contract that were being discussed; there was discussion about fines for failure to perform; and he thinks those things were part of the negotiations for the extension.  Mr. Rodriguez stated that is correct; the only thing that will be coming back to the Board is the ordinance, which needs some clean-up; and that would affect some things that had been discussed during the negotiations and some law changes that have occurred from the State; but it would not change the terms of the Contract.  He noted the fines Commissioner Nelson spoke of are in the Contract itself and would remain the same. 

 

Commissioner Voltz inquired if updating the ordinance is for the roll-off violations; with Mr. Rodriguez responding it concerns roll-offs, definitions from the State, and also some changes regarding commercial property owners cutting down trees and expecting Waste Management to pick them up.  Commissioner Voltz inquired how the Board can get that information out to the citizens; with Mr. Rodriguez responding Solid Waste Management tries to send a mail out once every two years regarding that issue and the recycling issue; and the information is also on the website.  Commissioner Voltz inquired when was the last mailing; with Mr. Rodriguez responding two years ago; and it is due to go out again in the summer.

 

Commissioner Colon stated she would like to state for the record that she is the one who put this item on the agenda; and she does not appreciate the fact that people called County staff and were belligerent.

 

Cecil Robinson stated he is the Chairman of the Board of Directors for the Indian River Colony Club.  He stated in view of the Board renewing the current contract the thoughts he would like to leave with the Board is that as it executes the five-year Contract, it needs to work with the communities to develop the requirements; the median age in his subdivision is 80 years old; and the people in the Indian River Colony Club cannot accommodate big carts.  He stated it seems to him that modernization should save people money and not cost more money. 

 

Mary Anne Ketterer stated by the Board rescinding its previous action, the citizens have gotten what they wanted; and she appreciates what the Board has done.

 

Nancy O’Hare stated she lives in Baytree, which is a deed restricted community that would be adversely affected by the automated service; but she would like to thank the Board for changing direction; and the Board has put the residents’ interests first by deciding to retain the present method.

 

John Ells expressed appreciation to the Board as it has made the right decision to rescind its previous action.

 

Floyd Rippetoe stated he appreciates Chairman Scarborough and Commissioner Nelson’s vote in December; and he would like to thank Commissioner Colon, Commissioner Bolin, and Commissioner Voltz for rescinding their votes and listening to what the citizens are asking for.  He stated Florida TODAY had an online poll yesterday; of the 439 people who cared enough to respond, 96.6 percent were in favor of staying with the existing service; and 3.4 percent wanted the automated service.  He stated in all the discussions that have been had, it seems something has been overlooked; he has noticed that under the existing Contract Waste Management is billing the County $109.44 per year, per resident; and the County is taxing $117.82 per year.  He stated for Option 1, which the Board just approved, Waste Management will charge the County $114.12 per resident, per year; the County is going to charge the residents $125.70; and that is a 38 percent increase in the part that the County is going to charge the residents.  He stated he would appreciate if the Board could look into that issue.

 

Commissioner Colon inquired if Mr. Rippetoe visited her office this week; with Mr. Rippetoe responding he did not visit Commissioner Colon’s office, but he did speak with her office last week.  Commissioner Colon stated Mr. Rippetoe stated to her office that Commissioner Nelson’s office and Chairman Scarborough’s office said that she was not allowed to change her vote.  Mr. Rippetoe advised he did not say that; and he has never suspected the Board cannot change its vote.

 

Commissioner Nelson stated in the original agenda item, Mr. Rodriguez indicated the Board was reducing the administrative fee from seven percent to five percent; and the numbers do not match with what Mr. Rippetoe is saying.  Mr. Rodriquez advised the first year of the Contract would be $114.00; by the end of the Contract period it will be $123.00; and the County would be accumulating some cash at the beginning and spending it towards the end of the Contract.  He stated there would be just one price on the assessment for the next five years instead of fluctuating every year.  County Manager Peggy Busacca inquired if that does not save the County money; with Mr. Rodriguez responding it saves approximately $59,000 to send mail outs, so that is $59,000 that would not have to be spent every year.  Mr. Rodriguez stated the numbers will be reviewed in more detail on January 31, 2008. 

 

Mr. Rippetoe stated what he is hearing is that even though Waste Management’s Contract fee will change over the four or five year period, the amount that will be on tax bills will be the same for that period.  Mr. Rodriquez stated that is correct.  Mr. Rippetoe stated that makes sense.

 

Commissioner Nelson stated there was confusion on the Board’s vote on the assessment; the Board voted to advertise a certain assessment; and that vote could not be changed because it was  advertised  and mailed out;  but  what  the  Board  has done today  is  different.   Chairman Scarborough stated he does not want citizens to think that on January 31, 2008 the Board is going to go to another methodology.

 

Alan Broadbent stated he visited Commissioner Colon’s office after the Board approved the automated system last month; and yesterday he generated an email expressing his concerns.  He advised he lives in the National Police Home Foundation; most of the residents in that subdivision live on at least one acre; and the amount of yard waste generated could not be put into one of the automated carts.   He stated it is a relief to see the Board is going to continue the manual system. 

 

Marlene Adams thanked the Board for its action today.  She stated she knows the automated system will be discussed in the future; but one thing she has had a problem with is getting input from the citizens before the Board votes.  She stated the Board needs to look at what the community actually needs; and it needs to get public input well before it makes a decision. 

 

Maureen Rupe stated the Board has been accused of flip-flopping; but it is not flip-flopping; the Board is only reconsidering a decision it made that is a great concern to the citizens; and she wishes all elected officials would do the same thing.

 

Commissioner Voltz inquired when someone signs up for trash service, what kind of information Waste Management gives them on what service it provides.  George Geletko, Waste Management, stated Waste Management has a brochure that was agreed upon between it and the Solid Waste Management Department, and it has the rules of collection on it.   Mr. Geletko expressed appreciation to the Board for years of service and the opportunity to serve Brevard County; and stated Waste Management will continue to strive to give the County the highest level of service over the next five years.

 

Commissioner Voltz stated the non-ad valorem assessments do not go in the TRIM notices; and inquired when a citizen gets a TRIM notice and sees their tax bills are a certain amount, then they get their real tax bill and it is much higher because the non-ad valorem assessments have been added; and inquired why the non-ad valorem assessments cannot be put on the TRIM notices.  Attorney Knox replied the TRIM notices sent out are according to Florida Statutes and it has to be followed precisely.  Commissioner Voltz inquired if the State would have to change; with Attorney Knox responding affirmatively.  Commissioner Voltz stated the Board needs to look at that issue.  County Manager Peggy Busacca advised she believes it is already in the Board’s legislative package; and she will check to make sure that it is in the legislative package.  Commissioner Voltz stated it is a sticker shock when someone gets a TRIM notice and thinks that is what their tax bill is; and then they get their tax bill and it is several hundred dollars higher.

 

Commissioner Nelson stated one thing that has troubled him is that the business community was not getting notices to the potential increases they were being faced with; if the rates are going to be changed for any of the County’s users, they need some kind of notice; and he agrees there is not a one-size-fits-all solution.  He advised he was at the North Merritt Island Homeowners meeting last night; there are some lots there that are 600 and 700 feet from the road, and it would be difficult for those homeowners with an automated system; and if there is a pilot project in the future, it needs to be  done in a rural area.   He  stated there has been a lot of positive commentary on the current level of service; and he thanks Waste Management for that.  He stated the Board has to own up to some responsibility for what it created; this process was an example of a Board’s action that created an opportunity for comment that almost spiraled out of control; and the Board needs to be careful with what it does.  Commissioner Nelson noted the citizens responded magnificently; that is what government is all about; and he would like to thank everyone who took the time to write to the Board.  He expressed appreciation to Marlene Adams; stated she caused a lot of discussion; and without her he does not know how the information would have gotten out.

 

Commissioner Colon stated the reason she put the item on the Agenda was for those folks who had taken time out to contact her.  She stated the Board is not for sale; it was disgusting for people to tell her they would help her campaign if she changed her mind; she was very insulted by that; and that is the reason why people get disgusted with elected officials and the whole process. 

 

County Manager Peggy Busacca advised staff can update the website and put out a press release as to the Board’s decision today; however, she did not know if the Board wanted to take any additional actions to let people know the outcome; and as the Board knows, a number of letters have been sent out, and people will be attending the Workshop on January 31, 2008.  She stated staff can put an ad in the paper, make special mailings to non-residential groups, put a public service announcement on SCGTV, or put a press release on the County’s website.

 

Chairman Scarborough stated Mr. Dean is present from Florida TODAY and the meeting is being televised; he thinks the issue will be broadly communicated; and he would prefer anything the Board can do without any expense.  Ms. Busacca stated staff can put out a press release.  Chairman Scarborough stated that would be fine.

 

Commissioner Voltz inquired when the notices were sent out to the residences, did commercial properties also get notice of the increase; with Mr. Rodriguez responding no.  Mr. Rodriguez advised commercial properties are not an assessment; on the commercial side, staff regulates the maximum that Waste Management can charge.  Commissioner Voltz stated she received a note from County Attorney Scott Knox stating the law allows the County Commissioners and the Property Appraiser to agree to give notice of non-ad valorem assessments on the TRIM notices; and she thinks the Board needs to do that. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve that it is the intent of the Board to put the non-ad valorem assessments on the Truth in Millage (TRIM) notices.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated she has been very much enlightened by this process; it is the first time as a Commissioner that she has heard the outreach of the citizens; and the people she spoke to on the phone told her they had never been involved in a process before, but they are involved in this issue. 

 

Steve Stultz, Central Services Director, advised We Do Green has provided an insurance certificate showing it has current coverage on automobile liability; but the Board should be aware that the expiration on the liability policy is January 16, 2008.  He noted We Do Green has assured him verbally that it will provide new certificates prior to the expiration of the policy.  Chairman Scarborough inquired if the Board could make the approval contingent upon We Do Green giving Mr. Stultz the extension; with Mr. Stultz responding affirmatively. 

 

Mr. Miller stated the certificate given to Mr. Stultz expires in January, but another one can be ordered; and it is not the policy that is expiring.  Chairman Scarborough advised Mr. Miller needs to pay his premium in order to get it extended.  Mr. Miller noted the premium is already paid.  Chairman Scarborough stated Mr. Stultz will need proof that it is extended.

 

Commissioner Nelson stated he would like to add to the motion; if the Board finds itself in another similar situation he does not want Mr. Stultz to have to go back through the process; and inquired if legally there is a way that should a Contractor fail to provide proof, the Contract would go to the second lowest bidder.  Chairman Scarborough stated that can be part of the motion. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve not terminating the Agreements with We Do Green for lawn and landscape irrigation maintenance services for Parks and Recreation, Central and South areas, contingent upon We Do Green providing proof of vehicle insurance certificates, and if it fails to provide such certificates, staff assign the work to the second lowest bidders, Florida Lawn Choppers and Beachside Lawn Care.  Motion carried and ordered unanimously.

 

Ernie Brown, Natural Resources Management Director, stated the Board has been given the changes that have been made to the Ordinance since the last meeting; the item was tabled from the last meeting in order for staff to meet with some of the citizens that had expressed concerns; and staff has been able to address a number of those items. 

 

Chairman Scarborough inquired if Bruce Moia and Maureen Rupe are aware of the changes to the Ordinance; with Ms. Rupe responding affirmatively.  Mr. Brown advised Ryan Rusnak was the other land planner who had some concerns with it; and although Mr. Rusnak is not present, Mr. Brown has spoken to him and he is satisfied with the changes.

 

Mary Lou Stearns stated she was before the Board in November 2007; because of the Ordinance she has a problem with a house that she built; since that time she has had to put up a bond  for $6,000 for  shrubs;  and she  did not  have  a problem with trees, but because of the Ordinance she is required to put in a lot of shrubs.  Ms. Stearns noted throughout the Ordinance it repeatedly states that the intent of the Ordinance is conservation and preservation of native vegetation; and she feels she has completely done that.  She stated she removed an old house; the old house had no vegetation around it at all; she did not disturb any plants or trees on her property; and she has even added 40 shrubs around the new house.  She stated she encourages the Board to approve the amended Ordinance; but even if amended she still has to put in 191 shrubs on her property; the bond she put up was $6,000; and if she has to put in that many shrubs, she will have to spend approximately $3,000.  She stated she further requests the Board consider adding a waiver or exemption to the Ordinance for other citizens and herself that have just torn down a house and built another house without disturbing any of the vegetation on the property. 

 

Mr. Brown advised Natural Resources Management has diligently worked to come up with creative answers for Ms. Stearns; the new Ordinance has a number of issues that will drastically assist Ms. Stearns in reducing the numbers; but the new ordinance does not come out and exempt Ms. Stearns’ requirements as that scenario may imply a benefit.  He noted Ms. Stearns has a unique situation in which one house was destroyed and a new house was built in a new location, which expanded the buildable area; and Natural Resources Management can work with Ms. Stearns to reduce the shrub numbers; but it will not totally remove the requirement to put plantings in under her unique scenario.  He advised there are some options the Board can direct staff in the future; the Board can abate the action with Ms. Stearns pending the future changes, but because of Ms. Stearns’ unique situation and how her property is positioned.  Chairman Scarborough inquired if Ms. Stearns has any pictures of her property; with Ms. Stearns responding an inspector from Natural Resources came to her property and took 350 pictures, but she has not brought any of her own.  Ms. Stearns stated Mr. Brown and his staff are fantastic.

 

Commissioner Nelson inquired if 125 per acre is the new calculation under the proposed ordinance; with Mr. Brown responding it is cut in half and then additional measures would be applied for native understory which would reduce it further; and it would not eliminate or exempt Ms. Stearns from the provision entirely, but it would cut it in half.  Commissioner Nelson stated there is a question of calculation that addresses this kind of circumstance; and he is concerned the new number is still a significant number of plants.

 

County Manager Peggy Busacca stated there is a misconception; her understanding of the ordinance is that one is required to meet the ordinance as it was written at the time the permit was submitted; even though the Board is amending the ordinance, the permit has already been issued; and that means that the Board would have to do something special for Ms. Stearns, or waive requirements for her to resubmit for a new permit.  She stated she believes Ms. Stearns is tied to the existing regulations; and she did not want the Board to think otherwise.  Mr. Brown stated because Ms. Stearns has actually closed the permit process, staff cannot provide her the opportunity to use the new ordinance or the old one; the fact that the permit is already issued, Ms. Stearns would have to come back for a revision process; and if the Board would want staff to waive those fees for her to have staff reapply the new code, it would make things a little easier. 

 

Bruce Moia stated he has taken the lead with other developers and consultants on the issue; he has discussed quite a few issues with Mr. Brown; and he understands the document will be subject to change in the future.  He stated he and the other developers and consultants do not want to hold up the ordinance; but he thinks at this time, because other issues are pending, he and the others are willing to not bring up the issues and have the ordinance adopted as it is written with the condition that conversation could still be had with Natural Resources Management and come back at a later date to discuss the issues that were brought up at a previous meeting; and as long as that is open, he is okay with the ordinance as it is written.

 

Maureen Rupe stated Mr. Brown has done a terrific job at defining and clarifying the ordinance; and she hopes the Board will approve the ordinance as it will save some problems in the future. 

 

Commissioner Bolin stated she is pleased with the changes that were made to the ordinance; and she thinks it is a step in the right direction.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Article X, Division 3 Code of Ordinances of Brevard County, Florida, relating to Surface Water Protection; Chapter 62, Article XIII, Division 2 Code of Ordinances of Brevard County, Florida, relating to Landscaping, Land Clearing and Tree Protection; specifically amending Section 62-3666 (12) General Provisions; Section 62-4332 Definitions; Section 62-4333 Applicability; Section 62-4334 Exemptions; Section 62-4335 Non-Bona Fide Agricultural Land Clearing Activities; Section 62-4336 Penalties and Remedies; Section 62-4337 Permit Application Requirements and Review Process; Section 42-4338 Land Clearing Performance Standards; Section 62-4339 Canopy and Tree Preservation Performance Standards; Section 62-4340 Landscaping Performance Standards; Section 62-4341 Landscape Buffers; Section 62-4342 Maintenance and Inspections; Section 62-4343 Incentives for Increase Canopy and Tree Preservation and Increased Landscaping; Section 62-4344 Alternative Landscape Enhancement Plans Mitigation, and Compensation; Section 62-4345 Appeals; creating Section 62-4346 Appeals; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code and effective date.  Motion carried and ordered unanimously.  

 

 

Commissioner Nelson stated Ms. Stearns has a specific case, but he would like to talk about continuing the process; there are still some things he thinks need to be addressed; and inquired what the process would be for that.  Mr. Brown stated the ordinance is complex; both staff and the community realize there are issues to be improved upon; Natural Resources Management can hold a number of public forums in which input is received and bring those back to the Board in the future; and he would be happy to do that if that is the preference of the Board.

 

Chairman Scarborough stated he would like Mr. Brown to brief all of the Commissioners and come back with a legislative intent.  Mr. Brown stated staff will bring back legislative intent; the canopy preservation incentives was one issue that was brought up for further recommendation furthering the clarification of the  buildable area, further  evaluation of fire wise landscaping, and size of replacement trees and availability of that stock; and those are some of the things staff would like to bring forward. 

 

Chairman Scarborough stated in Ms. Stearns’ case, if the Board reduced the one provision, and that provision may be applied retroactively to preexisting, would that not take care of her problem; with Mr. Brown responding staff can make that happen. 

 

Assistant County Manager Mel Scott stated Ms. Stearns’ solution will be in the form of the fact that she has a bond that identifies the planting and maintenance viability of a defined set of shrubs; and with the new regulation, staff can accept a lesser bond that reflects that shrubbery because she has not yet received a C.O.  Ms. Busacca stated Mr. Scott has explained to her that it can be less restrictive, but not more restrictive.  Mr. Scott advised the County grandfathers against Code provisions that become more stringent. 

 

Commissioner Nelson inquired if Mr. Brown is saying the Board can reduce Ms. Stearns’ bond; with Mr. Brown responding Ms. Stearns’ bond can be reduced based on the 125 per acre shrubbery requirement the Board just approved, and then staff can look at xeriscaping up to an additional 50 percent reduction off of that. 

 

Mr. Brown clarified the Board approved Option 1 of the proposed ordinance.

 

 

 

Commissioner Bolin stated she would like to ask Emergency Management Director Bob Lay to address the Board; and he has some good news she would like him to tell the Board.

 

Mr. Lay stated 30 minutes ago he found out the State has found funding so Emergency Management can install the second generator that is needed at Quest Elementary School; that is a $1.2 million find the State had; of the 30 or so generators in storage, Brevard County’s is the only one being moved this fiscal year; and it should be in place by the start of the hurricane season. 

 

 

Commissioner Nelson stated regarding the item on sand, the Board received a letter from the Clerk of Courts; and he would like staff to look at the Clerk’s comments and review the letter.  He stated in the letter was an indication that there may have been some billing issues that could be addressed.  Chairman Scarborough stated the County is spending almost a half-million dollars for people to look at sand; it is a lot of money; and he asked if it had to be spent and was told it has to be done.  He stated of the money the Board is spending, a big chunk of it is being applied to sand watchers. 

 

 

Upon motion and vote, the meeting adjourned at 12:29 p.m.

 

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)