MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

May 6, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 26, 2008, at 9:20 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough,  Commissioners Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent was:  Commissioner Jackie Colon. 

 

 

The Invocation was given by Commissioner Helen Voltz.

 

 

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

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the Minutes of the March 18, 2008 Regular meeting and the February 12, 2008 Special Meeting.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca stated there needs to be a change to the item; some standard contract language was left out of the Request for Qualifications; and requested the approval include the addition of standard contract language relating to Florida Public Records Law, Protest Procedures, and Lobbying.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize advertisement and acceptance of continuing consultant proposals with addition of standard contract language relating to Florida Public Records law, Protest Procedures, and Lobbying from qualified firms for Ecological, Environmental, Civil Engineering, and Coastal Engineering services; appoint Selection and Negotiating Committees consisting of Natural Resources Management Director Ernie Brown or designee, Parks and Recreation Director Don Lusk or designee, Solid Waste Management Director Euripides Rodriguez or designee, Mosquito Control Director Craig Simmons or designee, Transportation Engineering Director John Denninghoff or designee, Permitting and Enforcement Director Ed Lyon or designee, and Utility Services Director Richard Martens or designee; authorize the Chairman to execute subsequent agreements with the best
qualified firms; and designate authority to the County Manager to execute renewal options and amendments, contingent upon County Attorney and Risk Management approval.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Federally Funded Subgrant Agreement with State of Florida, Division of Emergency management, accepting Sate cost-share for Sarno Lakes drainage improvements; and accept legal venue, attorney fee, and jury trial provisions that are standard State contact language.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve releasing the Weinburg Center from its Florida Scrub Jay conservation easement and maintenance obligations as recommended by the U.S. Fish and Wildlife Service.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson,  to execute Permit Agreement with the U.S. Fish and Wildlife Service to establish a spillway within the St. Johns National Wildlife Refuge to accept water for a proposed regional stormwater treatment pond.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program, for a Brevard County Mooring Field Site Suitability Analysis; authorize Natural Resources Management Director Ernest Brown to execute the
FWC’s Standard Grant Agreement and a Project Contract Agreement with the University of Florida, subject to review and approval of the County Attorney and Risk Management, if the Grant is approved.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Cost-Share Agreement with the Governing Board of the St. Johns River Water Management District, accepting State cost-share for M-1 Canal Drainage improvements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Interlocal Agreement with the Town of Grant-Valkaria for administering and managing the Town’s Stormwater Program consistent with the policies, procedures, and practices of Brevard County’s Stormwater Utility Program during FY 2008.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final engineering and preliminary plat approvals for Bromley Drive Center, subject to minor engineering changes as applicable and developer obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final plat approval with The Viera Company for South Solerno Commercial Center Subdivision, subject to minor engineering changes as applicable, and developer obtaining all necessary jurisdictional permits; and execute Contract with The Viera Company for the project.  Motion carried and ordered unanimously.

 

 

                       

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to abate the Code violation of the Champion and Nellie Waring property located at 1651 North Highway 1, Titusville, Florida for a period of six months to allow Code Enforcement an opportunity to work with Mr. and Mrs. Waring; and after six months, staff can then evaluate the progress to determine due diligence in determining if an additional six months abatement is warranted, and report back to the Board.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan with Crescent Beach Ventures, LLC for property located on both sides of Orlando Avenue, north of 20^th Street.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve staff working with the TM-Econ Mitigation Bank and the Mary-A Mitigation Bank for wetland impact mitigation credits needed for the Barnes Boulevard Widening Project; and upon approval of Agreements by the County Manager and the County Attorney, authorize the Chairman to execute the Agreements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution and execute Conservation Easement in favor of the St. Johns River Water Management District for the Pineda Causeway Extension Project – Utility Access road.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution and authorize the Chairman to sign an 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 Nelson, to direct the Clerk to the Board to mail a copy of the Local Option Gas Tax percentage allocations to each municipality for review; and authorize a final review of the allocations at the July 8, 2008 Board meeting.  Motion carried and ordered unanimously.

  

 

                       

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant permission to advertise Request for Proposals; approve appointment of Selection Committee consisting of medical Examiner Dr. Sajid Qaiser or designee, Brevard County Sheriff’s Lt. Bruce Barnett or designee, Fire Rescue Chief of EMS/PIO Orlando Dominguez or designee, Housing and Human Services Community Planning and Resource Manager Ian Golden or designee and Criminal Justice Services Quality Assurance Officer Robert Griswold or designee to select and award contract(s) to a qualified not-for profit Tissue Bank through the RFP process; and authorize the County Manager or designee to execute the awarded contract(s) and any subsequent amendments for Tissue Bank services, contingent upon review and approval of the contract(s) by the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreements with Brevard County School Board, Brevard Private Academy, Diamond Community School, Inc., CHC Private Schools, Inc., and Community Christian School for funding from Dori Slosberg Drive Education Safety Act/Driver Education Safety Trust Fund; and authorize the Chairman to sign any changes or amendments to the budget or contracts with previous approvals of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve allocation of $622,460 for affordable housing programs for The Coalition for the Hungry and Homeless, Inc., Community Housing Initiative, Inc., and CAMP Panther, Inc.; and authorize the Chairman to execute subsequent contracts and amendments contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize submittal of Applications to the Governor’s Office from Anselmo Baldonado, Rob Rains, and Joe Steckler for a current vacancy on the Children’s Services Council of Brevard County.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and permission to advertise a public hearing to consider adoption of proposed amendments to Ordinance No. 99-37 as required by recent changes to the Administrative Code and Florida Statute relating to SHIP and Affordable Housing Council.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and permission to advertise a public hearing to consider adoption of the proposed amendments to Brevard County Code Chapter 38, Section 38-8, County Alcohol and Other Drug Abuse Trust Fund.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve contributions of $1,000 each for the Fourth of July fireworks displays sponsored by Cities of Melbourne, Palm Bay, and Titusville, and Thunder Over Indian River, Inc.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve naming referendum-acquired property, previously referred to as the South County Boat Launch Facility, Christenson’s Landing.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for boating improvements at Marina Park Boat Launching Facility; and authorize Parks and Recreation Director Don Lusk to execute FWC’s Standard Grant Agreement and Amendments and establish Grant Project Budget, if the Grant is approved.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for boating improvements at James G. Bourbeau Memorial Park Airboat Launch; and authorize Parks and Recreation Director Don Lusk to execute FWC’s Standard Grant Agreement and Amendments and establish Grant Project Budget, if the Grant is approved.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution, execute Grant Application, and execute Standard Assurances for Trip & Equipment Grant Agreement with Florida Commission for the Transportation Disadvantaged Program in the amount of $1,073,611 in CTD Trust Funds; and authorize the Chairman to sign the Grant Agreement and any Amendments or Addendums contingent upon County Attorney and Risk Management approval.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to acknowledge the City of Satellite Beach FY 2006-2007 Audit Report.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reject all bids received for Bid #b2-08-53, Lori Wilson Nature Center Replacement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #05-2736 from $19,975 to the reduced sum of $1,000 for 5960 Homestead Avenue, Cocoa; and direct staff to prepare and execute Release of Satisfaction of Lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Stipulated Final Judgment, including all damages, costs, and fees in the amount of $90,538 for value, costs, and fees for Defendant Thomas Dobrowolski.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the date of Tuesday, July 15, 2008 at 5:00 p.m. for the public hearing concerning the zoning regulations relating to parking, locating, and storage of RV’s and recreational equipment.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve payment of award in the amount of $377.50 to Steve Allen who submitted a recommendation under Brevard County’s Employee Innovations Program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming the Florida Division of Emergency Management approved Brevard County Comprehensive Emergency Management Plan as the official document to guide emergency planning and response within Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating alley between Myrtice Avenue and Rose Street in Merritt City Subdivision, as petitioned by Mark D. Sutton (Sutton Pools). 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating alley between Myrtice Avenue and Rose Street in Merritt City Subdivision, as petitioned by Mark D. Sutton (Sutton Pools) to May 20, 2008.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to approve adoption of 2007B Comprehensive Plan Amendment package.  He stated only one card was submitted by David Menzel for questions only; and he assumes that is because Mr. Menzel supports it.

 

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve adoption of the 2007B Comprehensive Plan Amendment Package; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2007B; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase and addendum with Shirley Ann Cox for property needed for the intersection improvements at Hollywood Boulevard and Henry Street; and authorize payment of the appraisal fee and a $25,000 deposit to Ms. Cox toward the purchase of her property.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve establishing a Voluntary Separation Incentive Program and empower the County Manager to implement the program, if necessary, to assist the Board in reducing the workforce to achieve budgetary reductions that may be needed to balance the County’s budget.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin called Stephanie Bryant, Gay Williams, and Ian Golden to come forward.  She stated Stephanie Bryant is a supervisor with Housing and Human Services; she oversees the Community Action Agency, having worked her way up to that position after spending several years as a social worker; and her hard work, dedication, and can-do personality make a difference every day in the lives of low-income families in the County.  She stated Ms. Bryant sets the example for the rest of her staff in her dealings with clients, peers, and other agencies; and commented on helping families gain self-sufficiency, overcoming adversity, and enjoying many aspects of life that others take for granted.  She stated Ms. Bryant is an active member of the Greater Love Church, where she participates with the women’s ministries; and in her professional life, she coordinates the Brevard County Toy Drive every year.  She stated Ms. Bryant also provided support to the rest of the community when she mobilized the Community Action Agency to respond to the needs of dozens of citizens who were displaced during the gas explosion at the Housing Authority Facility; and she continuously volunteers her time and expertise to numerous agencies throughout the County to ensure the well being of all residents no matter their station in life.  She stated Ms. Bryant is truly one of the best and she proves it every day. 

 

Commissioner Bolin presented a certificate to Ms. Bryant who thanked the Board for the award.  Ms. Bryant stated she loves what she does; and she loves reaching out to families because there is a need in the community.   

 

 

 

Frank Abbaleo of Human Resources stated he is asking the Board to recognize a group of citizens who have taken their time to attend and complete Brevard County Citizens Academy.  He stated the Citizens Academy is an eight-week interactive learning experience; it meets once a week for three and one-half hours; and there are three Saturday field trips.  He stated there
are a morning session and an evening session; and the purpose is to offer to all Brevard residents the unique opportunity to learn how the many departments that fall under the County Manager’s office operate, and to provide insight into how they function.  Mr. Abbaleo advised the Citizens Academy also acts as a conduit to promote open lines of communication between County staff and the citizens they serve; and it provides information on the many services that the county offers to its citizens.  He explained how representatives of departments provide overviews of the departments’ operations and responsibilities followed by question and answer period; and advised in this session participants heard from 21 of the County departments.  He stated along with the three Saturday field trips, the structure offers over 75 hours of education on operation and function of County government; the first field trip was to the South Water Treatment Plant, the wetlands, and the landfill in Cocoa; the second trip was to Country Acres Children’s Home; and the third trip was to the County Jail.  He advised the freedom that is enjoyed in America comes at a very high price; two graduates helped to pay that cost; Mary Ann Epps is a retired General and William Horner is a World War II veteran; and thanked both for their service to the country.  He expressed appreciation to Carrie Cotter of the County Manager’s office who keeps the program on track.  He advised five participants could not be present, Paul Daley, Adelaide Foresti, Sam Foresti, Carol Wilson, and John Wilson.  He and County Manager Peggy Busacca presented certificates to graduates Denny Byrd, Carol Cappillettie, Nadine Church, Roy Craft, Laura Dils, Lynette Dyal, Tom Dyal, Mary Ann Epps, Richard Epps, William Evans, William Horner, Pat Klinger, Marilza Novaes-Card, Lenore Powers, Thomas Powers, Ronald Smith, and Brenda Warner. 

 

Mr. Abbaleo stated anyone wanting to attend the Citizens Academy can contact the County Manager’s office.  Ms. Cotter advised the telephone number is 633-2001 or they can do the application online on the County’s website.  She stated the fall session starts September 3, 2008. 

 

 

 

Special Projects Coordinator Paulette Davidson stated this concludes National Volunteer Week; and they will be presenting some special awards to those County volunteers who have exemplified outstanding public service.  She stated the first award is the Jefferson Award which is a prestigious national recognition system honoring community and public service in America; and at the local level Jefferson Award recipients are ordinary people who do extraordinary things through volunteering.  She stated Jefferson Awards will be presented to Barbara Nagle representing the Brevard 4-H Horse Advisory and Ron Morgan with the Commission on Aging.  County Manager Peggy Busacca advised of the accomplishments of Ms. Nagle and Mr. Morgan; and Chairman Scarborough presented awards to both. 

 

Barbara Nagle stated the Brevard County 4-H Horse Advisory is comprised of 45 individuals who contribute almost 8,600 hours a year for a net worth value to Brevard County Extension Service of $150,000; and although the numbers sound large, they are only a drop in the bucket to the 4-H volunteer hours in Brevard County.  She stated she sometimes wonders why she continues to do this after 20 years of volunteer service, but then she attends an event such as the one she attended last weekend where she watched 161 kids qualify for 92 slots in the State 4-H horse show with the grace and sportsmanship that are seldom seen in professional reports; and she then remembers why she does this.  She stated the future rests with the kids; she enjoys doing what she does; and she appreciates being recognized today for service to the County. 

 

Ron Moran thanked the Board for the recognition; and on behalf of the Brevard Commission on Aging, thanked the Board for its leadership.  He commented on the Communities for Lifetime Program and partnership with the cities as they establish their programs.  He expressed appreciation to the Board, the State Attorney, the Sheriff, and the Chiefs of Police for their fine words and encouragement of the Brevard Triad Programs at the Workshop on Crime Prevention.  He stated they appreciate the Board’s interest and support of all their programs.

 

Ms. Davidson stated over 25,000 County volunteers contributed over 800,000 volunteer hours last year; and amongst them are those volunteers who will be receiving the Brevard County Board of County Commissioners Civic Involvement Award, which is a distinguished award presented to those County volunteers who exemplify volunteer service by their commitment to make a difference in the community.  She stated those receiving the award today are Nancy Brainard, Bridget Geiger, Janie Holman, David Paterno, Denise Simpson, and Reneé Valletutti.

 

County Manager Peggy Busacca stated Nancy Brainard has volunteered at the Palm Bay Library for the past 27 years, starting out in a temporary building behind the community center until the new building was completed in June 1984; and she is involved with the Friends of the Palm Bay Library helping to foster relations between the library, the citizens, the schools, and the businesses of Palm Bay.  She stated Bridget Geiger began volunteering with EMS in the 1990’s; she was one of the first volunteers to enter Brevard County Fire Rescue’s Medical Reservist Program in 1999; and she continued her training and certification to become a State-certified Emergency Medical Technician.  She stated Ms. Geiger works weekly shifts as an ambulance rescue EMT and serves the program in whatever capacity is requested.  She stated Janie Holman has served as an active member of the Commission on the Status of Women Board for the past 16 years; she has worked with the Woman of the Year Program, participated in the Silent Witness Domestic Violence Month marches, and was Woman of the Year in 1994.  She stated Ms. Holman is passionate about representing the women of Brevard County through her service on the Commission on the Status of Women.  She stated Dr. David Paterno is the current Chair of the Historical Commission and has been with the Commission over 12 years, researching, discovering, and preserving the history of the County.  She stated recently Dr. Paterno organized a group of volunteers to catalog and archive 35,000 historical shuttle program photos donated by NASA; and continuing his passion to preserve the shuttle history, Dr. Paterno also created a rotating photo exhibit now being displayed in Brevard County schools.  She stated Denise Simpson maintains the herbarium collection for the Natural Resources Management Office; every week since June 2007 Ms. Simpson has traveled from Fellsmere to the Natural Resources Management Office in Viera to systematically examine the 800 specimens in the collection, identifying, correcting, and updating all details related to them; and her work now makes it possible to further expand the herbarium collection by using her software expertise to help make the information available in electronic form for the worldwide web.  She stated Reneé Valletutti has been an active member of the Persons With Disabilities Assessment Project since its beginning in 2005, providing valuable insight as a parent of a child with a disability; her areas of particular interest are education and employment for young people who age out of foster care at 18 to enable them to make a successful transition to adulthood; and Ms. Valletutti serves as a Board member, attending subcommittee meetings and
collaborating with the community to educate the public on ways they can become involved in improving the quality of life for persons with disabilities. 

 

 

 

Chairman Scarborough read aloud the resolution proclaiming May 2008 as National Older Americans Month. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming May 2008 as National Older Americans Month.  Motion carried and ordered unanimously. 

 

 

Dr. Potomski, Chairman of the Commission on Aging, thanked the members of the Commission on Aging for their tireless work; and stated he has the pleasure of being a geriatrician and providing for the medical needs of the elderly, but members of the Commission are from all walks of life.

 

Mayor Mark Brimer, City of Satellite Beach, stated the cities of Satellite Beach, Rockledge, and Cocoa have been very involved in the Communities for a Lifetime process from the beginning; and one of the things the group worked on is fall prevention for the elderly.  He stated in 2005 there were 19,000 hip fractures in the State of Florida; it is estimated in 2013 that 10,000 people will fall in Brevard County resulting in about 6,000 emergency room visits and 1,700 direct admissions to nursing homes; and they are working on those elements because 40% of the falls are 100% preventable with the actions they have taken in the community.  He stated the City of Cocoa has an elder event on May 15; it will address fall prevention in the community with some educational components that Commander Hughes will speak about; and on May 21, the Secretary of the Department of Elder Affairs will come down for a Communities for Lifetime kickoff initiative at the City of Rockledge.  He stated they want to make a difference with the elders; they would like to see them prevent falls because they are devastating to the families and the caregivers; and they make a big difference in their longevity because 20% of the people who fall and break a hip will die within the first year after that fracture.  He stated they are trying to make a difference; and expressed appreciation for the Resolution.

 

Commander Don Hughes stated the City of Satellite Beach Fire Department in partnership with the County Coalition on Aging, the Community Services Council, and the Communities for Lifetime initiative implemented a fall prevention program that is going on within the City; and they hope to be a model to expand Countywide.  He stated any citizen in the community age 65 or greater who has entered the fire department system for any type of issue will be offered or has been offered a home evaluation survey that will help identify the causal elements of falls; and they will provide opportunities to do the risk reduction devices, provide education, or make minor modifications.  He stated as Mayor Brimer said in terms of the injury and fatality component, last year falls as cause of death were equal in Brevard County to auto crashes; but no one sees that in the newspaper.  He stated if they begin to look at the demographics, they will see that this will become an epidemic for the County and the community; when they begin to look at the mission of today’s fire service, besides putting out fires, injury prevention, and
making the community safer are actually processes that will save tax dollars; and they are doing this because they see the financial component.

 

Commissioner Voltz stated being a nurse, she knows the effect of hip fractures on an elderly person; and inquired if there is any information or statistics as to elderly patients who have fallen and broken a hip versus those who may have osteoporosis and have a fracture which causes them to fall.  Dr. Potomski advised statistics show that probably both happen; osteoporosis is a weakening and softening of the bone; sometimes people can cough and break a rib or get a compression fracture of the spine; but also some people when they get up coincidentally break a hip and then fall but not realize it because it happens so quickly.  He stated others may hear a snap before falling to the ground; but that is a smaller percentage.  He stated osteoporosis is an under-diagnosed and under-recognized disease; through the Health Department they may be able to promote more osteoporosis awareness; and commented on new medications and supplements.  He advised everyone to check with his or her physician because some illnesses may be overlooked; and it is true the osteoporosis can produce a fall, although it is less often than a traumatic fall from tripping on something or other accident.  Commissioner Voltz stated she has a severe case of osteoporosis; she had four fractures in her back and three rib fractures from nothing that she has done; ten years ago her doctor diagnosed her with osteoporosis and advised her to take calcium; but he never said anything else.  She stated if there had been follow-up she might have been able to catch it long before it got so bad; and doctors need to follow up on that issue and if someone has the beginnings of the disease, they need to check on it.  Dr. Potomski stated that is very true; and they are trying to educate physicians as part of continuous medical education.  He stated he gives lectures around the State; and one of his nurse practitioners just came back from a training program on newer treatments for osteoporosis.  He stated in addition to the calcium and vitamin D there are other medications which can be taken orally, by nasal sprays, or injections; and now there is another medication which is a once a year fifteen-minute IV therapy.  He reiterated the need for additional education and early diagnosis. 

 

Commissioner Voltz inquired if the home survey that the City of Satellite Beach is doing focuses on a certain age or is it for anybody; with Commander Hughes responding they will focus on anybody, but the target audience is 65 years of age or greater because of the higher risk factors of a fall.  He stated the goal is to prevent the first fall; that does mean environmental changes like the trip and fall hazards; however, it is also recognition that the individual is at risk of falling.  He stated anyone who takes five or more medications is at increased risk of falling; and if they have fallen once, they have a chance statistically of falling a second time in a six month period, with the second event being a lot worse than the first event. 

 

Commissioner Bolin stated one of the things that is important but easy to do is to go around one’s house and pick up the rugs; that makes a big difference; and it is easier to clean a dirty floor rather than having a rug make you trip and break a hip.  She stated she applauds what the City is doing; and they have also been very active in District 4.  

 

Commissioner Voltz advised there will be a workshop on health and aging on August 12, 2008.  Chairman Scarborough stated if necessary they can have two workshops; and this is a big issue.  He stated he did not know until today about death related falls, so there are hidden statistics; and even those who could be affected by it do not understand the risk.  He stated someone’s life may be saved by having this information; and expressed appreciation to the Commission on Aging.  Chairman Scarborough commented on having seniors who are engaged, vital, and active.

                  

 

 

Chairman Scarborough stated Ms. Grant could not be present today; but wished her a happy birthday.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution congratulating Rose V. Grant on her 100^th birthday.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz advised her Assistant Sharon Walker’s birthday is today and it is her Assistant Jan Conrad’s 31^st anniversary.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution congratulate retiring teachers in District 1.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz read aloud a resolution recognizing EMS Week. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing the week of May 18 through 24, 2008 as EMS Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz presented the Resolution to EMS Division Chief Orlando Dominguez who expressed appreciation to the Board for its support.

 

*Chairman Scarborough’s absence was noted at this time.

 

 

Commissioner Voltz stated National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works; it was instituted as a public education campaign in 1960 to call attention to the importance of public works in community life; and the
week seeks to enhance the prestige of the often unsung heroes of our society, the professionals who serve the public good every day with quiet dedication.  Commissioner Voltz read aloud the resolution declaring May 18 through 24, 2008 as Public Works Week. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming the week of May 18 through 24, 2008 as Public Works Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz presented the Resolution to Utility Services Director Dick Martens, Transportation Engineering Director John Denninghoff, Solid Waste Management Director Euri Rodriguez, and Interim Road and Bridge Director Ed Gardulski.  Mr. Martens expressed appreciation to the Board; and acknowledged the hundreds of County and municipal employees who are out on the job today and everyday to provide those services that give the community the quality of life it has today.  He commented on taking for granted that roads work, traffic signals work, most of the time it does not flood, and water comes out of the pipes; stated all of these things happen because of the investment in the people and the facilities; and he adds his voice in honoring them.    

 

 

*Chairman Scarborough’s presence was noted at this time.    

 

 

 

Commissioner Voltz read aloud a resolution recognizing May 10, 2008 as World Lupus Day. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing May 10, 2008 as World Lupus Day.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz presented the Resolution to Katherine Laca.  Ms. Laca thanked the Board for its support; and stated the group’s ongoing mission is to support lupus patients and their loved ones, educate the general public about the disease, and support ongoing research efforts to find a cure.  She stated there are approximately 1.5 million Americans who have lupus; Florida has almost 91,000 people that suffer from lupus; the Southeast Florida chapter serves eight counties, Brevard, Broward, Martin, St. Lucie, Miami-Dade, Monroe, Palm Beach, and Okeechobee; and those eight counties take almost half of those cases.  She stated this is the first time she has been able to be present to accept the Resolution.  Commissioner Voltz inquired where Ms. Laca came from; with Ms. Laca responding she lives in Deerfield Beach; and it has been her pleasure and privilege to receive the Resolution and see so many good people doing so many good things. 

 

Chairman Scarborough thanked Commissioner Voltz for bringing a special perspective to the Board with her medical training; and stated that has added to the depth of the Board’s capacity to discuss these issues. 

 

 

 

Commissioner Bolin read aloud a resolution proclaiming May 25 through 31, 2008 as Hurricane Awareness and Preparation Week and May 2008 as Hurricane Awareness and Preparation Month.  Motion carried and ordered unanimously. 

 

 

Emergency Management Director Bob Lay stated he appreciates the opportunity to speak; it is not County government’s total responsibility to prepare everyone for hurricane season; and it is everyone’s individual responsibility.  He stated this is a wonderful time for all 465,000 people in the County to be prepared for hurricane season; in the Pacific season over 10,000 people have lost their lives; and this season is predicted to be an above average season with 15 named storms, starting with Arthur and ending with Omar.  He stated it should be an interesting season; everyone needs to be very prepared; and it will affect everyone in the County. 

 

Dennis Decker with the National Weather Office thanked the Board for the Resolution; and commented on partnering with the Brevard Emergency Management Office to prepare the citizens for the upcoming season.  He stated this is the time of year to get ready. 

 

 

 

Commissioner Bolin stated she has the pleasure of having Jean McPhaden of the Drop-In Center and the Board members of the Commission on Mental Health and Community Solutions present.  She read aloud a resolution proclaiming May 2008 as National Mental Health Month. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 2008 as National Mental Health Month.  Motion carried and ordered unanimously.

 

 

Jean McPhaden thanked the Board and the Commission on Mental Health Solutions for the support provided in improving the lives of those with mental illness; and expressed appreciation to County employee Tammy Harris who has given support.  She stated the Drop-In Center is involved in activities that help people with mental illnesses recover, stay out of the hospital, and stay out of jail.  Chairman Scarborough stated the Board appreciates everything the Drop-In Center does. 

 

Commissioner Bolin presented the Resolution to Ms. McPhaden and members of the Commission on Mental Health and Community Solutions. 

 

Chairman Scarborough stated he was visited by representatives of Wuesthoff Hospital; and they are being hurt by lack of historical State funding.  He inquired if Commissioner Voltz sees some way to work with Wuesthoff on the problem. 

 

Commissioner Voltz stated Wuesthoff Hospital is going to do away with its Baker Act unit, which only leaves Circles of Care.  She stated people with mental health issues and those who should be Baker Acted fill the emergency rooms; it is a tremendous health issue in Brevard County; and Circles of Care has the same 20 Baker Act beds that it did when it opened 25 years ago. 
Commissioner Voltz stated the information they have is going to be very important; and commented on making Baker Act beds a priority. 

 

Chairman Scarborough stated they are not only not moving forward but they are moving backwards; and Commissioner Voltz is going to be having a workshop on health and aging.  Commissioner Voltz advised the issue is included in the workshop.  Chairman Scarborough stated representatives of Wuesthoff wanted to raise the issue early enough so if the Board wants to respond in the budgetary process, it can; and he advised it is very difficult.  He stated the Legislature decided that space is significant enough for $16.5 million even though this is a terrible year; and the question is how important is mental illness, what are the impacts, and how can the Board discuss it when there is the Sunshine Law.  He inquired if there is a way to schedule a mini-workshop after one of the Board meetings to discuss the parameters of this issue.  Commissioner Voltz stated she can put that together.  Chairman Scarborough inquired if it can be done before the June break, maybe before a zoning meeting.  County Manager Peggy Busacca advised the zoning meeting is on May 29, 2008; staff will check to see if the Commissioners’ calendars are free; and inquired if the Board would suggest starting at 2:00 p.m. or 3:00 p.m.  Chairman Scarborough stated it may be good to start at 2:00 p.m. so the Board can have a few minutes break between meetings; and requested Ms. Busacca let the Board know before the end of the meeting.  Commissioner Voltz stated that was going to be a huge part of the workshop that she was going to be doing, but the Board can address it ahead of time.  Chairman Scarborough stated Ms. Busacca is struggling with the budget; if the Board is interested in responding to this need, it needs to know early enough that it can be part of the discussion; and it seems strange that when everything is falling apart that burdens increase, but that is part of life. 

 

 

 

Chairman Scarborough stated he went to high school with Kay Briley; and he can tell stories going back to when Ms. Briley was a little one.

 

Commissioner Bolin read aloud a resolution recognizing Kay Briley for her contributions to the Persons with Disabilities Assessment Project and other local organizations. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing Kay Briley for her contributions to the Persons with Disabilities Assessment Project and other local organizations.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough and Commissioner Bolin presented the Resolution to Ms. Briley.  Ms. Briley expressed appreciation to the Persons with Disabilities Assessment Project for requesting this recognition and to the Board for bestowing it; and stated it has been an honor and privilege to serve the County’s residents with disabilities.  She stated her job is a path she chose for herself many years ago when she entered the public library service realm of Library Services; and she intends to continue to work for the people with disabilities in whatever capacity she can for as long as she can.  She stated she is deeply grateful for the recognition. 

 

Commissioner Voltz stated weekend after next she will serve as the camp nurse for Special Gatherings in Vero Beach; and it is for people with disabilities, mental disabilities, Downs Syndrome, and autism.  She stated the camp is four days and is fun; and she enjoys working with that group. 

 

Chairman Scarborough stated the Resolution emphasizes the need for what the Board talked about; it says one in four American adults are affected by mental illness; and when they are talking about Baker Act, they are talking about people who are in danger of harming themselves or others.  He stated this is not just about someone who is depressed, but that someone will suffer bodily injury if the Board does not act in a prudent manner.

 

Commissioner Voltz stated when she met with the CEO’s of the medical facilities, including Jim Whitaker, mental health issues in the emergency room was the biggest issue they all had. 

 

Chairman Scarborough stated the Board needs to get their perspective on what is going on; and recommended bringing in Sheriff Parker and State Attorney Norm Wolfinger because these become criminal events.  He stated a criminal event that could have been avoided by medication is a needless event that costs society. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution supporting members of the United States Armed Forces and their families.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough advised Commissioner Colon will be presenting the Resolution on Saturday. 

 

 

 

Solid Waste Management Director Euri Rodriguez stated Brevard County started a recycling program in the late 1980’s by instituting curbside collection of recycling materials; and today this program includes residents and commercial properties in a partnership that allows the County to recycle 32%.  He stated in recognition of this effort the American Forest & Paper Association (AF&PA) has awarded the County the 2008 Community Recycling Award, which is a national award; and as part of the award, the County received a check for $2,000 to be spent on recycled materials.  He stated the $2,000 was already spent on benches, which are made from recycled materials; it takes 1,800 milk jugs or 5,400 film containers to make the benches; and the County bought two of them to be put in front of the pond at Building C for use by the public.  He stated the benches say “Take it to the Curb.  Recycle” to remind everybody to recycle; they are guaranteed for 25 years; and they will require very little maintenance.  He stated Pam Shoemaker and Erin LeClaire are the recycling team; and through their efforts the County was able to win the award.  He displayed a video concerning recycling. 

 

Commissioner Voltz inquired about the vehicle shown in the video; with Recycling Coordinator Pam Shoemaker advising it is a recycled van from SCAT with many miles on it, but it serves well in taking citizens around the landfill.  She stated she and Erin LeClair are pleased to receive this recognition on behalf of the Board; the AF&PA sent a film crew down for two days to make the video; and then she was invited to New York City where she received the award during the National Paper Association Week.  She stated they care and they make a difference; and presented the Board with a copy of the check.  She stated during the past year they have been working with paper recyclers; because of a change in the markets where the price of newsprint is now the same as the price of mixed papers, they have been able to add other things to the recycling bins; and now in addition to newspaper, people can recycle magazines, catalogs, office paper, junk mail, and phone books.  She stated it is a great expansion; she is looking forward to seeing the changing numbers; and the County was fortunate because the AF&PA recognized the unique program that the County has.  She stated the County has unique partnerships; and advised of donations of sheets and soap to the jail by Royal Caribbean and Disney Cruise Lines.  She stated they also work with the Chamber of Commerce, the Space Coast League of Women Voters, and Keep Brevard Beautiful; and invited everyone to come to the landfill for a tour.  She presented the award to the Board. 

 

 

 

Commissioner Voltz read aloud a resolution recognizing May 10, 2008 as Asian/Pacific American Heritage Day. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing May 10, 2008 as Asian/Pacific American Heritage Day.  Motion carried and ordered unanimously.

 

 

Romy De La Paz of the Asian/Pacific Festival Committee expressed appreciation to Commissioner Colon for sponsoring the Resolution; and introduced the Festival Coordinator.  Mercy Cruz expressed appreciation for the Resolution; and invited everyone to the upcoming Asian/Pacific American Festival on May 10, 2008.  She displayed a festival poster; and advised there will be music, dancers, vendors, and ethnic foods.  She stated she knows Chairman Scarborough loves adobo; and advised of other foods on the menu.  She stated there will be entertainment for all age groups as well as a parade of costumes.

 

Chairman Scarborough stated some people have costumes on today; and requested they come forward and advise what country they represent.  Various people came forward and displayed costumes from the Philippines and South Korea; and advised some of the costumes are made from banana and pineapple fiber and they are hand embroidered. 

     

 

Larry Weber of Keep Brevard Beautiful stated George Geletko is with him as Waste Management is a sponsor of Trash Bash.  He thanked the Board for its dedication and the
citizens for volunteering.  Mr. Weber stated this year there were 1,630 volunteers who removed almost 148,000 pounds of trash; and advised of unusual items that were picked up. 

 

George Geletko stated it is a pleasure for Waste Management to sponsor Trash Bash; and he appreciates the hard work of the Board and staff.  He stated the most improved over the previous year is District 1; and they will award $500 to the charity of Chairman Scarborough’s choice.  He stated in 2007 District 1 had 88 volunteers; in 2008 it had 177 volunteers, which was a substantial increase.  He stated in 2007 District 1 picked up and disposed of 4,400 pounds of litter; and in 2008 it increased to 14,480 pounds.  Chairman Scarborough advised the money will go to the North Brevard Senior Center; and commented on seeing seniors cleaning up the community.  Mr. Geletko stated the overall winner for total number of volunteers and litter this year was District 3; and Commissioner Voltz wins the coveted stained glass Pelly Award to display in her office.  Commissioner Voltz expressed appreciation to all the volunteers from District 3.  Mr. Geletko presented the award to Commissioner Voltz. 

 

Chairman Scarborough requested Mr. Weber present the check to the North Brevard Senior Center. 

 

Commissioner Nelson stated District 2 had the most mosquitoes killed; Ulumay was one of the sites; and it was a clear beautiful day with no breeze, so the folks who volunteered did a great job.  He thanked Pat Brown for taking him around to the different sites. 

 

Mr. Weber stated the nice thing about the seniors in Brevard County is they clean up year-round.

 

Commissioner Bolin stated the reason why District 4 did not win is because they clean year-round and do not save it up.       

 

 

 

Commissioner Bolin introduced the members of the Johnson Middle School Community Problem Solvers Team, Dylan Pomichter, Allison Adams, Tricia Rogers, Harrison Cord, and Sam Hartford.  She stated each year the team picks a project and comes up with a creative and realistic solution while learning to work within a budget and with local community leaders.  She stated this year the team selected a garden that was first developed by a teacher after September 11 as a memorial garden; since it had become overgrown and was becoming a safety hazard they took it on; and they decided to create an outdoor garden style classroom.  She stated they constructed picnic tables and a white board for the teacher to write notes on; they pruned the plants; and they reset more than 30 pavers, which were memorial tiles originally placed after September 11.  She stated the team presented the results to the CMPS judges from around the State; the team explained to them the benefits of an outdoor learning area; and the judges recognized the project as being the best of its kind in the State competition.  She stated the team won first place and now has an opportunity to compete with other teams from around the world at Michigan State University.  She stated the practical scope of the project, its simple but elegant design, and the success with teachers and classes who have been utilizing the area made it an ideal candidate for international recognition.  She stated the students are a shining example of the positive work the youth are putting forth every day; and the students are a credit to the county, Johnson Middle School, their parents, and themselves. 

 

One of the students expressed appreciation to Commissioner Bolin and the rest of the Board for the recognition; and commented on the need for donations to finance their trip to the national competition.  The students displayed the trophy they won at State competition.

 

Commissioner Bolin presented the team with a Certificate of Appreciation and a letter of support.

 

 

    

Steven Webster, Executive Director of Florida Marine Contractors Association, stated he is present today to talk about a special opportunity they have in Brevard County to lend support to development of a simplified marine construction permitting process that would combine Natural Resources and the Building Department permits into one single permit countywide.  He stated the regulators at the County level would require not only proper licensing of contractors but for the first time, would begin enforcing Florida Statute 440.103, which has to do with workers compensation.  He submitted handouts to the Board. 

 

Chairman Scarborough inquired if Mr. Webster is asking the Board to take some action this morning; stated he is reticent to encourage Mr. Webster to do that because he likes to be briefed by staff independently and make other inquiries; and so he will probably not be supporting Mr. Webster’s request. 

 

Mr. Webster advised his presentation is informational; the handout includes a brochure concerning how to hire a marine contractor; and he has discovered over the past five years in working with the Association that is something that very few people know about.  He stated there is a copy of the scope of work for the new State Marine Contractor’s License that was just adopted at the State level; there is a copy of the new State workers compensation class code for marine construction, which is Florida specific; and there is a summation of relevant State Statutes regarding unlicensed builders’ and permitting agencies’ obligation to enforce workers compensation requirements.  He stated the Association would like to work with County staff in development of a model marine construction building code; it is a very timely issue as the Association just completed implementation of a State Marine Construction Specialty license; and it also just completed the development of the scope of work for the license, which is a list of everything that a marine contractor does.  He stated three years ago the Board encouraged them to begin development of a model code in Brevard County; but some big winds that came ashore interrupted that process; but now is the time to come back to it and move forward with the process.  He stated once they have the model code, they will combine building permits and have one permit and one place to go.  He stated the Association would also vigorously support an effort to delegate Department of Environmental Protection (DEP) and Water Management District permitting to the County; the County has the staff in the field who do the structural, building, and zoning permitting work; the State does not know how to do that; it makes sense to put the regulation with the people with the expertise; and over the years the County has demonstrated its ability to manage that.  He stated the Association was founded ten years ago to untangle the insurance, licensing, and permitting issues that burden the industry statewide; and they are beginning to make good progress.  He stated he lives in Brevard County; he knows the issues very well; and the Association welcomes the opportunity to work with the County on
this.  He stated three areas need help; and the first has to do with the complicated nature of getting a permit to build a dock or seawall.  Mr. Webster stated currently a dock built on the river requires a permit from the State DEP for environmental matters, but there is no building permit; someone can build the dock so that it protects seagrass, but there is nothing to ensure that it is a safe structure; and if the Water Management Districts get involved it becomes even more complicated.  He stated a Water Management District may or may not do the permit oversight for a dock at one’s house depending on whether or not at some point in history a conservation easement was granted; and inquired how someone would know that.  He stated the Water Management Districts do not know that, which is why they are not sure between Water Management Districts and DEP who should be handling what permit and when; and for consumers or builders, sorting that out is time wasting and expensive.  He stated what they have right now is also very inconsistent; the Department of Environmental Protection will issue permits to unlicensed and uninsured builders; anybody can apply for a permit; and as long as it meets DEP’s environmental standards, it will grant it.  He stated the Building Department in Brevard County insists on a license but because of peculiarities in how the Florida Statutes are written, until this past year, there was not a legal affirmation that said it needed to enforce workers’ compensation coverage; but that has been changed for the better.  He stated the Natural Resources Management Office does not have the authority to require licensing at this point; and that is something that should be looked at.  He stated the last issue is the cost, complexity, delay, and uncertainty; a sizable portion of not only Brevard marine construction work but marine construction work in most counties in Florida is being done by unlicensed or uninsured builders; and even in those instances where permits are issued, they are usually granted to improperly insured builders.  He stated if he pulls a permit from the County and it is granted, and he has a certificate of exemption or something that says he has workers compensation coverage, under State law, if it is a longshore claim, which is federal, the State Act will not cover it; and that means if the County is issuing a permit to someone who does not have longshore coverage, it is also issuing a license for the homeowner or the person for whom the work is being done to be sued in the event of an accident because longshore will go until it finds the deepest pockets to pay the claim.  He stated that has been changed in State law; in the attachments he provided there is a new State Act Code called 6006F, which handles all aspects of marine construction; and anyone working in Florida for marine construction who is not covered under that class code is violating Chapter 441.03, F.S., which requires permitting agencies to see proof of the minimum required coverage in order to secure a permit.  He stated this is something that they are doing not merely to protect themselves from possible suit or to protect workers who otherwise could be uninsured in the vent of accidents, but it is to fulfill the fundamental obligation of all permitting which is to do the minimum necessary or beyond to safeguard the public interest.  He stated the Association’s members are all licensed and insured contractors, including some in Brevard County; they are also firms that manufacture and distribute construction products; and they also include firms that provide professional services like legal permitting or insurance expertise.  He stated what they would like to institute with the County is the combination of a single permit in Brevard County for marine construction, environmental resource, and also building, handled by a single source for true one-step permitting.  He stated they also want to ensure that those permits when issued go to licensed and insured contractors; and they want to ensure that due diligence is done to protect the public and the waterways.

 

Commissioner Nelson stated this is consistent with one of the elements of the marine maritime master plan; and it would be appropriate for the Board to get a staff report on the issues.  He
stated, having been in the permitting world at one point, one of the frustrations is knowing who is on first; and that is the most difficult question to get answered.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to direct the Natural Resources management Department provide a staff report on the possibilities for a simplified streamlined process of marine construction permitting that continues to provide protections.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz stated there have been several times since she has been on the Board that somebody has put in a dock without permits; the State says they do not need a permit; and then the County has shut them down, so it is not fair to the homeowners.  Chairman Scarborough stated the homeowners do not know what they need or where to go; when someone hires someone, they have the assumption that they are protected; but they can find that is not the case and they are liable nonetheless.  He stated those types of things have come up, so it is well advised for the Board to look at this issue. 

 

Mr. Webster expressed appreciation to Commissioner Voltz and Commissioner Nelson for their work; and stated the County has the opportunity to lead the State in the development of this issue.      

 

 

 

Chairman Scarborough suggested everyone applaud Leigh Holt; and stated everyone is pleased with what Ms. Holt accomplished in Tallahassee. 

 

 

 

Commissioner Voltz requested Lewis Williams be allowed to make his presentation, which was supposed to be done under her report.  She stated she has been working with Mr. Williams and some of the community leaders in South Melbourne; and he has a program that is important.

 

Lewis Williams, of Lewis Williams Enterprises of Palm Bay, thanked the Board for the opportunity to share information about a new project called the More Than Training Project (MTTP), which will have a positive effect on crime, on communities, and on the lives of many young people.  He stated he will be presenting information on himself, the purpose of MTTP, how the project started, its five key elements, the current training schedule, objectives in training, the needs of the project, and the project’s vision.  He advised of his background as a Senior Master Sergeant in the Air force, an employee of an international organization as an ISO evaluator, and a licensed minister in Goldsboro, North Carolina; stated he is currently president of his own consulting business; and his background and experience enables him to help others to succeed in the workplace.  He stated the purpose of MTTP is twofold; first, it is to engage entire communities in helping those who are socio-economically disadvantaged to leave the streets, obtain a job, be successful at work, and become a reliable labor source for local businesses; and second, it is to decrease crime as young people become successful employees.  He stated the idea for MTTP can be attributed to the South Brevard County Task
Force Ad Hoc Committee; and advised of the membership of the group.  Mr. Williams stated the committee was formed as a response to a Florida TODAY story of December 28, 2006 that addressed the growing problems of gangs and violence plaguing the citizens of South Melbourne; the committee reached out to the community through a Crime Conference in October 2007 which was attended by 90 people; and of those 40% volunteered to assist with the anticrime efforts.  He stated through a follow-up meeting with the volunteers and two youth forums, the committee was able to bring together citizens and create two community action teams; both teams consisted of adults and teenagers from local organizations; and both teams have been chartered by the committee to go into the community and decrease crime.  He stated the committee contracted with him to facilitate the youth forums to receive input from the youth; the belief is if they can help young folks on the street to get jobs, it will have a positive impact on crime; and because of that he created the MTTP.  He stated there are five elements of the MTTP; the first is the staff; he is the director; and there is an administrative position filled by a former military administrative specialist skilled in office management and an associate instructor who has taught many classes concerning resumes, cover letters, and workplace skills to youth in the community.  He stated the second element is the candidate who is any person 15 years of age or older who is willing to attend eight hours of training and meet or exceed expectations; a candidate must be recommended into the program by an adult; and the adults are called champions.  He stated the champions can be an organization, a concerned citizen, or a parent or guardian who recommends a young person to the project; and since they realize the people have only so much time, they are asking champions to fulfill only four obligations.  He stated they must notify him when they have a candidate, bring the candidate to an orientation session before the actual class and encourage the parent or guardian, if the candidate is a minor, to attend the session as well; they are asking the champions to attend the graduations; and they must stay in touch with the graduate after graduation to provide guidance and encouragement to ensure long-term success.  He stated the fourth element is businesses; all elements of the MTTP are key to its success; and the involvement of local business owners is critical.  He stated they are asking business owners to become sponsors if possible and to attend or send a representative to the graduation ceremony; by attending the ceremonies the local business owners will have a tremendous opportunity to personally meet the graduates and observe some potential employees; and business owners are also encouraged to seek out those young people to fill jobs where possible.  He stated this is critical to the success of the project because if the young people go through the process and there is no hope of a job at the end, that will discourage quite a few.  He stated the last element of the MTTP is the sponsors to ensure continuation of the project and to fulfill the purpose of decreasing crime in the community; and they encourage sponsorship from citizens and organizations.  He stated they encourage sponsors to visit the classes and to attend as many graduations as possible to meet the young people whose lives they have touched through their generosity; and currently they have scheduled two classes per month with ten students each.  He stated they currently have enough people signed up to fill both June classes and are working on the July classes; the first class will be conducted from Monday, June 2 through Thursday, June 5, from 5:30 p.m. to 7:30 p.m.; and the second class will begin on June 16 and end on June 19, also running from 5:30 p.m. to 7:30 p.m.  He stated after the second class, on June 20, 2008, there will be a graduation ceremony where they will be inviting all the participants, sponsors, champions, parents, and guardians; and these ceremonies will also serve as a job fair for the young people as during this time the graduates will have an opportunity to network with parents, guardians, champions, business owners, and others who attend the ceremony.  He advised the classes will also be a mobile training session; and they will be able to provide this training in different locations upon request
from local communities.  Mr. Williams stated after the eight-hour class each student will have achieved at least nine objectives; and they will understand their career interests, resumes, the importance of cover letters, how to fill out a job application form, interviewing techniques, goals and the personal benefits of having a positive attitude, and customer service while at work.  He stated he has conducted several of these courses in the State of Florida with several youth groups; the first question he asks is why someone should hire them; and the answers he got were because they looked good or because they needed the money.  He stated through the course, the candidates will learn that getting the job is about the employer and the business, more than it is about them.  He stated the MTTP process starts as a champion who brings a candidate to the project and orientation; the candidate completes the training along with supporters attending the graduation/job fair ceremony; and after training business owners seek out the young people to fill job positions.  He stated he will conduct three follow-up mentoring sessions with those who have graduated during the first 90 days on the job, but not to exceed six months after graduation; and they will also offer three feedback sessions to respective employers, upon request to ensure long-term success of the project and support for those who require workplace etiquette training.  He noted there is a continuous need for sponsors, businesses, and champions; and he is thankful that so far numerous people in the community have stepped forward and provided assistance.  He thanked Commissioner Voltz for inviting him to the meeting today and all Commissioners for allowing him to give his presentation.  He stated he is convinced that with the support of the citizens of the community, the MTTP will help many and decrease crime in the communities; and with the support of the citizens of the community, they will see the MTTP vision come to pass, which is simply that communities across the State of Florida will engage in helping others to leave the streets, obtain a job, be successful at work, and become a reliable labor source for local businesses.

 

Commissioner Voltz inquired if someone wants to sponsor a child, what number would they call; with Mr. Williams responding 321-960-7042.  Commissioner Voltz advised that would be for businesses also if they would like to become involved. 

 

 

The meeting recessed at 11:30 a.m. and reconvened at 11:45 a.m.

 

 

PRESENTATION BY LEIGH HOLT, RE:  LEGISLATIVE UPDATE  (CONTINUED)

 

Chairman Scarborough stated the newspaper reports there will be $16.5 million to assist with space needs; and that would not have happened if not for Leigh Holt. 

 

Government Relations Manager Leigh Holt stated she is going to talk about the whole Legislative Session, not just space; 2,503 bills were filed this year; the Legislature passed 313 of them, with about half of those being passed in the last three or four days of the session.  She stated they are not sure what the Legislature did completely, but they are going through it now.  She stated one of the Board’s ongoing concerns is unfunded mandates and challenges to home rule; so first she would like to say a couple of things the Legislature did not do.  She stated the Legislature did not pass the Growth Management bill, about which she communicated to the Board on a regular basis; and thanked Mel Scott and Steve Swanke for their help in educating her on growth management so she could represent the County.  She stated the County did not lose its ability to bill insurance companies for ambulance services; that is an initiative that has
come up for the last two years; and it will cost the County about $300,000 for EMS so that is a good thing.  Ms. Holt stated the Legislature did not pass legislation that would keep youth in juvenile detention longer, which would have been a major expense to the County; it did not pass many bills, which would have further modified the property tax rules; and while she does not think anybody is really happy that the inequity of the property tax system has not been fixed, there is a sense that there is a need to know what Amendment 1 has done before more things are passed. 

 

Chairman Scarborough stated yesterday Ms. Busacca send him something advising that passing in the last hour was the calculation of the roll forward; and inquired if Ms. Holt is going to touch on that; with Ms. Holt responding yes.

 

Ms. Holt stated there were two bills in that area that passed; one changes the makeup of the Value Adjustment Boards and the way they work; and that will be a big change.  She stated the Board will have to appoint people to the Value Adjustment Board; it will not be the Commissioners and School Board members, but will be community representatives; and it will be very specific who has to be on that board.  Commissioner Bolin inquired when that will take effect; with Ms. Holt responding this year.  Commissioner Nelson stated it shows how little the Legislature knows about how the system works because the Commissioners did not deal with any values of properties; the Special Magistrates do that; but the impression is that County governments are protecting their tax base, which is ludicrous.  He reiterated that is not how it works; and stated it is a shame the Legislature does not understand that.  Ms. Holt stated they provided a lot of information about the magistrates and how that process works, but that did go through; and advised each county does it differently and while Brevard County may have a system that is fair and appropriate, not every county may have that.  She stated the Legislature did pass the Amendment 1 glitch bill, which impacts the roll forward, although the language is difficult to understand and staff is waiting for direction on exactly what it means.  She stated the Legislature passed the Omnibus Energy Bill, which is landmark legislation; it has a lot of good policy; and it requires green building requirements for governments by July 1, 2008, so it will impact some of the County’s construction projects that are in the pipeline right now.  She advised some projects that the Board has already contracted for design work may have to be modified to meet the new green building standards.

 

Chairman Scarborough stated if the contract has not been let, the County will have to meet the new standards.  Ms. Holt advised the legislation says architectural plans by July 1, so, for example, if there is a project that the Board has contracted for design, but the architectural plans will not be done by July 1 that building will have to meet the green building standards; with Chairman Scarborough responding he understands. 

 

Ms. Holt stated for a couple of years the Board has supported the Clean Ocean Act, which regulates dumping by gambling ships; Senator Haridopolos and Representative Mayfield passed that bill this year; and Representative Sasso also worked on the bill.  She thanked Ernie Brown, Virginia Barker, and their team for working at all hours on very short notice to provide information on water projects.  She stated Representative Sasso was able to secure $150,000 for the North Merritt Island Chase Hammock Improvement Project by virtue of his being on the Agricultural and Environmental Council, which is chaired by Representative Mayfield; and there has not been a water project in the budget for several years.  She stated it was a very tough year for Human Services in the budget; and while there were not any unfunded mandates in that
area, she thinks there may be some fallout in the community.  Ms. Holt stated in the past when one little project or program has been eliminated, the community has come to the Board to ask it to pick up the program or project; and there will be a lot of projects and programs like that this year.  Chairman Scarborough stated while they are not mandated, the need will still be there.  Ms. Holt stated the need is there and it will be a challenge for the local community; but there were some good policy decisions made in the Human Services arena.  She stated last year the Board had non-emergency medical transportation as one of its priorities; Representative Poppell championed that and three times kept money from being diverted away from the County; and this year the Legislature passed the Transportation Disadvantaged Bill that has new regulations and quality standards.  She stated it was made a separate line item in the budget; last year it was lumped in with other things, so that at midyear, it could be moved around and taken away from non-emergency medical transportation; but this year it will be a separate line item so none of the agencies will be able to move that money, which was a big win.  She stated something the Board supported at the beginning of the year, which was brought forward by the Alzheimer’s Foundation, was revenue maximization for elder services; and the Board was successful in getting money for child welfare through revenue maximization using local money to draw down federal dollars.  She advised Representative Poppell and Senator Haridopolos sponsored the bill, but it did not get very far; but on the very last day they amended it onto the Health Care Bill, and it passed, so the County will be able immediately to begin using local money that goes to the Alzheimer’s Foundation and other senior services to draw down federal Medicaid dollars for Alzheimer’s Foundation and other elder services.  She stated Baker Act beds have been in the plan for seven years; and they are still fighting that battle.  She stated Representative Needelman has been the champion on it for a long time; he has been able to get money directly for Circles of Care every year until this year because he was able to secure nonrecurring money; and this year all the nonrecurring money went away because of the budget situation.  She stated Representative Needelman has really championed that; and he will be missed as he is termed out.  She stated the Legislature passed a bill that when a person goes into jail, if they have Medicaid before going into jail, they will still be eligible when they leave jail; it used to be that they got out of jail, they had to start all over; and for the mentally ill that was bad because they would get stabilized on their medication while they were in jail and when they came out, while waiting to get re-approved, they would get in trouble again and be back in jail or in the Baker Act beds that are so scarce, so this should help.  She stated when they get out of jail, they will immediately be able to get their medications; and hopefully that will impact that population.  She stated it is not Baker Act beds, but it does help a little.  She stated the local bill for the turbine combustion center did not pass; it was a statewide bill, but then the House ruled it should be a local bill; but when it got to the Senate, the legal counsel said it should not be a local bill, but should be a general bill; and the Senate would not hear it.  She stated the big news is space; the newspaper said “Florida Helps Space Industry”; and she does not have anything new to say other than what she sent electronically.  She stated Senator Posey and Representative Altman sponsored most of the legislation; they were able to pass the Space Flight Informed Consent Bill, which duplicates the Virginia legislation and makes Florida head-on competitive with the State of Virginia.  Chairman Scarborough stated the Board has been informed; but there may be people who have not read the newspaper; and requested Ms. Holt tell what this means for the community.  Ms. Holt stated the space shuttle is retiring in 2010; a year ago the Board decided that is something the community needs to address; and through a series of workshops, they have worked through State and federal legislators to see what can be done to help keep the space industry in Brevard County.  She stated they were told to speak with one voice and make it bigger than Brevard County because it is a statewide
industry with billions of dollars in revenue for the State; and the State should be the home for space as it has been for 50 years.  Ms. Holt stated now other states are competing for that business; Virginia has passed legislation and started to build its own launch pad; the Space Flight Informed Consent Bill is legislation that Virginia had already passed; and Florida now has it in Statute that limits liability for commercial flight and for participants in commercial spaceflight activity.  She stated that bill was sponsored by Senator Posey and Representative David Simmons from Altamonte Springs, who is an attorney; and he sponsored the bill because some challenges were expected from the trial lawyers; but they were busy on the CSX railway, so the bill passed.  She stated the Qualified Space Contractor Tax Refund was sponsored by Senator Posey and Representative Altman; it will allow tax refunds for creation and retention of space jobs; and the State has a lot of incentives for creation of jobs, but the County wants to keep great employees with great skills here, so this also addresses the retention of employees.  She stated just as they did with BRAC, they offered this for defense contractors; it was expanded for space industry contractors; and that is significant.  She stated Senator Ring and Representative Atkinson sponsored an economic stimulus bill, which was the only economic development bill that passed this year; and it has a lot of things including a $40 million reusable space vehicle industry prize program, which is based on the X Prize which has been sponsored by the private sector for space exploration.  She stated $20 million is coming from the State and a $20 million match is from the private sector; the reason they are able to do that in this fiscal climate is because the prize would not be awarded until 2014; and while they may be in recession another year, they are hoping they will not be by 2014.  She stated this is a prize that will be there for space development; and because it is a prize from Florida, the work must be done in Florida.  She stated Senator Posey, Senator Haridopolos, Representative Altman, and Representative Poppell championed the infrastructure budget of $14.5 million for the launch facility infrastructure improvements; there is incredible space infrastructure at Cape Canaveral, but it needs some upgrades to be competitive for the new commercial space ventures; and the State has set aside $14.5 million for improvement at Cape Canaveral so it can be competitive and bring the commercial business to Florida.  She stated Senator Posey and Representative Altman were working on space throughout the session, but when they saw an opportunity to include space infrastructure in the transportation budget as a transportation project, they jumped on it; and that was great.  She stated Representative Cannon and Senator Fasano who chaired the Economic Development Committees in the House and Senate were also great champions for space.  She stated they also got $1.25 million for the Aerospace Workforce Initiative through Workforce Florida; that money will come to the Brevard Workforce Development Board for skills analysis, retraining, and curriculum development; and explained how curriculum will have to be created for whatever the next thing is.  She stated there were a lot of people that worked on the space issues; and displayed a video that was shown in the first week of the Legislative Session to the House and Senate, which contains a message from the Space Station.  Ms. Holt stated they started the year with the video; there were about 80 people from Brevard County in Tallahassee for Space Day on the third day of the Legislative Session; they called on every Legislator, the Governor, and the Lt. Governor; they met with staff; and they really carried the message.  She advised of the support of the League of Cities, the Council of Chambers, Associated Industries of Florida, and Space Florida; and stated it was a very successful year. 

 

Chairman Scarborough stated the session ended last Friday; but the Board needs to begin tapping in on where everybody wants to go next year; in November the whole world can change with a new President; and the Board needs to think in multiple positions.  He stated the Board has been trying to ask those questions; it was a wonderful year; but by the same token, the
Board needs to draw upon all those same resources from the aerospace industry to the Delegation and the Lobbyist to start debriefing on where to go and what needs to be done next.  Ms. Holt stated it was a three-year Legislative plan at the State level; they were very successful in the first year; and she has already had several people ask what they are going to do next year so people are ready to get started.

 

Commissioner Voltz stated she had a question on one of the issues; and inquired about the Clerk; with Ms. Holt responding that bill was not carried forward and did not pass. 

 

Chairman Scarborough thanked Ms. Holt for doing a wonderful job; and Ms. Holt responded she is proud to represent the County.   

 

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating outfall drainage ditch in Sanders Subdivision, as petitioned by Jerry D. Vaxmonsky.

 

Attorney Charles Nash stated he represents a homeowner who lives by the property; the property is owned by the County; and it talks about vacating, but it is not really vacating as the Board owns the tract.  He stated according to the survey the applicant has provided the property is between 26 and 28 feet wide, depending on which part of the tract one is on, and runs anywhere from 139 to 144 feet, so it is not a small parcel of land; and reiterated it is owned by the County.  He stated the property is there to provide drainage; when there is heavy stormwater there, it provides a conduit to take the drainage away from the property owners in that vicinity and bring it into the Indian River; and his client is concerned about the Board giving up ownership of the property, although he is not sure how that would be done.  He stated he had some conversation with one of the Assistant County Attorneys who was not sure how this would work because it is not vacating an easement or roadway, but is property the Board owns, which he thinks is a valuable resource.  He stated the property originally was acquired by the Florida Department of Transportation in June 1949; and ultimately FDOT gave the property to Brevard County so this has been public land for almost 60 years.  He stated the property provides access to a waterway; Policy BCC-88 is that the Board will not give up ownership of property that provides access to waterways; and he wants to make sure the Board is aware of that.  He stated the applicant purchased the property in March 2004; improvements were made to the County’s property; a gate and fence were put across the County’s property; and there is also a driveway that passes through the property, so there are some liability issues the Board would want to be concerned with also.  He reiterated this is County property, not an easement; the applicant was aware of the fact that this was County-owned property when it was bought; and the purchase price of the property was negotiated down by $50,000 because they were aware it was County property, so he would like the Board to take that into account.  He stated he spoke to Ernie Brown in the Natural Resources Management Office about whether staff had conducted any drainage studies because his client who resides in that area has seen the water outflowing through the drainage conduit; but Mr. Brown indicated he was not aware of it.  He stated they did not do any studies to show the tract is providing a benefit to the public; and he wanted the Board to be aware of that.  He stated the applicant constructed a concrete wall along the western boundary of his property but not onto the County’s land; and the concern is if the Board sells or gives the applicant the property, he will continue that wall and prevent drainage from occurring to keep neighboring properties from being flooded with serious stormwater.  Mr. Nash stated if the Board decides to sell the property, there are other people who may want to buy it; it is a decent size piece of property leading to the river; and if the Board decides to sell, he would like to be informed because he knows people who are interested in buying it.

 

Jerry Vaxmonsky stated he is the homeowner to the south of the lot; but there are a couple of things the attorney may have misled the Board about concerning the easement.  He stated there is a garage that imposes into the easement that has been there since he bought the lot, so somebody from 1941 to 2004 had a structure there.  He stated his issue with the structure is that he has always maintained that he wanted to bring it up to Code; 80% of the building is on his lot and 20% is on the easement; the driveway Mr. Nash referred to was also there; that was the way the previous homeowner accessed onto the property into the garage; and he has since demolished that home, built a new home per the Code, and moved the garage to the south side, so he has made every attempt to bring the property to Code.  He stated with regards to drainage, there is no pipe that runs through that particular 25 feet that opens up into the river; it is a barren piece of land that has a natural slope from S.R. 3 to the river; in 1941 the land was purchased for $2,000 for water drainage because S.R. 3 was a major thoroughfare; and through the completion of U.S. 1, the State relinquished it back to the County.  He stated in 2004 when he built his house, he came to the County and tried to pull a permit to fix everything and bring it into Code; and at that time the County told him it did not own the lot, but that the property was actually owned by the State.  He stated between attorney fees and two and one-half years of diligently trying to work this, he has approximately $3,000 into this; it went from the County to the State; the State asked him to get an appraisal on the land, which he did; and he was going to purchase the property from the State, but he was then informed that now the County owns the property because in 1971 S.R. 3 and all attached easements were relinquished because the State was not going to maintain them.  He stated all he is trying to do is bring this particular lot into Code; there are 13 families that he has submitted this information to in his neighborhood; people have called him and supported him; and there is only one family present that opposes it.  He stated he has been maintaining the property; and he finds it interesting how this one particular individual now finds that he would like to purchase this land; and reiterated all he is trying to do is bring this particular lot to Code.

 

Chairman Scarborough requested Mr. Vaxmonsky point out his property and the easement; with Mr. Vaxmonsky doing so.  Mr. Vaxmonsky advised the garage has slowly deteriorated and has been affected by termites; his property is from the blue line south; and there is currently a fence on the northern site.  He stated one issue of opposition is they do not want him to create a wall there; but right now there is a chain-link fence on the north side along with a 60 to 70-foot hedge; the owner of that property has basically already created a major boundary; and he is not sure what the concern is with putting a wall in.  He stated he would not be able to put a 60-foot wall in; the wall would be per Code; and he is not sure why there is disagreement with that when the neighbor has shrubs that are 60 to 70 feet tall running from east to west. 

 

Chairman Scarborough stated normally when the Board vacates a road, half of the road goes to one property owner and half goes to the other; and in this particular case that is not what is occurring.  County Attorney Scott Knox stated the County owns the property, and would have to dispose of it like any other owner through a County Deed.  Commissioner Nelson inquired if it is not being vacated; with Mr. Knox responding no.  Chairman Scarborough stated the word on the Agenda Report is vacate; and inquired if there are different rules when the Board does not vacate but gives up ownership of property; with Mr. Knox responding yes. 

 

Transportation Engineering Director John Denninghoff stated staff only recently became aware of this; in the dedication language gave the property in question to the County from FDOT; and there is reverter language that indicates that if it is not used for transportation purposes it is to revert back to the Florida Department of Transportation.  Chairman Scarborough stated Mr. Denninghoff is saying the Board cannot take action on this; with Mr. Denninghoff responding he became aware of this late yesterday.  Chairman Scarborough stated Mr. Vaxmonsky has spent some time and money on this; and inquired if he was aware of this when he came to the meeting; with Mr. Vaxmonsky responding he spent two and one-half years and $3,000.  Chairman Scarborough inquired when Mr. Vaxmonsky became aware of that; with Mr. Vaxmonsky responding he has a letter from FDOT from a couple of months ago where it had relinquished the property; and he did an appraisal on the property.  Chairman Scarborough stated this is in Commissioner Bolin’s District; it is unfair to surprise people who have put a lot of time into it with new information; and he sees where this is headed; but in fairness, he thinks it needs to be fully discussed.  He stated the Board may end up denying the action; but when new information comes forward he would like to make sure that the people who are affected by the information understand it; and it is just fairness of procedure. 

 

 Mr. Vaxmonsky stated it is interesting that nobody owns the property but everybody wants it; and all he is trying to do is create a better place for his neighborhood.  He stated right now the structure is a nuisance and menace; it is falling apart due to termites; and it is a liability.  He stated when he started with the County in 2004, he was told the property did not belong to the County; he had to hire attorneys to go to FDOT; and as of six months ago, FDOT told him that the property belonged to the County.  He stated he was asked to bring this to the Board; he has never done anything like this before; and he is a little nervous about it.  Chairman Scarborough stated what Mr. Denninghoff is saying is that the Board cannot take action because if it did the property would go back to FDOT.  Mr. Knox stated he needs to take a look at what Mr. Denninghoff found because he has not seen it yet.  Chairman Scarborough stated there are legal issues. 

 

Commissioner Nelson stated given the changes in the information, the item the Board has in front of it is not relevant to what it is talking about now; and it needs a do-over to begin to put the information back together.  He stated it still may not change the outcome, but at least it will be a discussion about the issue as it exists; and that is his concern.  He stated he has a problem that the State paid $2,000 in 1941, which was a sizable chunk of money then, for a 25-foot strip, and the County would give it away.  He stated the public interest would be served if it is determined to be surplused, either by the County or the State; and he would hope it would go through a process of surplusing, which would be a sale as opposed to a vacating and giving it away.

 

Mr. Vaxmonsky stated his concern is that nobody from FDOT or the County has ever come out to manage the property.  Commissioner Nelson stated that does not relieve the County of a public interest and the County has a long list of those kinds of properties.  Mr. Vaxmonsky stated he would prefer that the County keep the land and allow him to build his building.  Commissioner Nelson stated staff is going to have to reassess what the options are. 

 

Mr. Nash stated there is a solution; when he spoke to staff, they indicated that the County could enter into a use agreement with the applicant.  Chairman Scarborough stated things like that would be best discussed when the Board’s counsel if fully apprised of the additional information that Mr. Denninghoff has; and this will afford all the parties an opportunity to sit down and understand how it can proceed; but there appear to be some dilemmas now.  Mr. Nash stated that may be an option. 

 

Joseph Crescio stated he lives to the north of the property in question; the property is approximately 25 feet by 100 feet; it is on South Tropical Trail; and while they cannot build on it, for the adjacent landowner it is worth a lot of money.  He stated looking at the terrain, going east the property is flat; but going west of South Tropical Trail, it slopes down dramatically towards the river, so when there is a lot of rain, especially during hurricanes, there is water cascading down towards the west; and right now the way the contour of the property is, it goes onto that piece of property and into the river.  He commented on his fence, hedge, and trees; and stated they do not impede the runoff of water; but a cinderblock wall impedes the flow of water.  He stated right now the applicant has built on South Tropical Trail a cinderblock wall up to his gate, which is mainly on the County’s property; and the applicant also has a metal fence towards his property.  He stated Mr. Vaxmonsky did not file the fence and it is illegal; one can only have a four-foot fence; and Mr. Vaxmonsky’s fence is six to seven feet.  He stated his concern is the runoff of water; the reason he got involved was Mr. Vaxmonsky was talking about putting another wall between on the easement coming down and running parallel to his property, which would be a major problem for runoff.  He stated that would force him to build a wall and move the water down to the next neighbor.  He stated his second concern is that a 25-foot by 100-foot property adjacent to his property is worth a lot of money, approximately $50,000; and he cannot see the County giving away the property, otherwise he would have filed.  He stated for $600 the applicant would get a 25-foot by 100-foot piece of property on South Tropical Trail; and it is expensive property.  He stated as far as the building, at the time Mr. Vaxmonsky bought the house, he knew he did not own all the property; he put up a fence on the property and rebuilt the driveway on the property; he has done all these things and is not in compliance; now he is coming to the Board to get the property for $600; and it is wrong.  He stated he would be in favor of leaving the status quo and changing nothing; and if the County is looking to get rid of the property, he will buy it and not change anything, leaving the drainage as is.  He stated he has no intention of moving his fence; he does not need to; he has a lot of gardeners maintaining his property; and if the illegal fence was removed, he would just have his gardener cut the lawn.  He stated he has access on his property on his side of the fence; he has a gate to get into it, to go from his property south; but his concerns are drainage, the value of the property, and what will happen if the County gives the property away.  He stated it will force him to build a wall to move the water down. 

 

Chairman Scarborough stated previously the Board had properties where it actually was not vacating but actually sold the properties; but it had to go through a process to surplus the properties under Florida Statute.  He stated his question is whether the Board can sell the property without having the reverter clause come in; and there are so many questions that it might be better to get everybody together in Commissioner Bolin’s office for a meeting.  Commissioner Bolin stated she is going to make a motion to table the item so the Board can get more information; and she wants to consult with the County Attorney as well as meeting with the applicant in her office.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to continue the public hearing to consider a resolution vacating outfall drainage ditch in Sanders Subdivision, as petitioned by Jerry D. Vaxmonsky, to the July 29, 2008 Commission meeting, to allow time to consult with the County Attorney and the applicant.  Motion carried and ordered unanimously. 

 

 

 

Permitting and Enforcement Director Ed Lyon stated this is a request for some discussion and direction on the level of service that is currently maintained in Code Enforcement relating to building cases. 

 

Commissioner Nelson stated he brought this up at a workshop; his concern is being faced with more of these throughout the summer and creating a process that allows the Board to evaluate the service that is being impacted to determine whether or not that service should be looked at in terms of what it provides to the community compared to other services; and it is a prioritization the Board is going to be going through as part of the budget process.  He stated the Board is going to be forced to do it in some cases quicker than it might have desired because it is not going to give the Board the same type of opportunity to review it; and in this particular service, one of the things that struck him is that this probably should never have been a permit fee driven service because it is actually an after the fact service that is being provided and an enforcement that will go on regardless of what happens with the number of building permits being sold.  He stated the level of work that is going to be out there is going to be the same but the funding source, which is building permits, has gone down; and inquired what is the minimum level of service that would have to be funded to get through the remainder of the year, if the Board chose to do that.  He stated he does not want to see the service go away; there was a fire on Merritt Island that caused Code Enforcement to go out there numerous times to deal with it; and he is worried because this is just one example of the things they do.  He inquired again what would be the minimum level to get through the rest of the year.  Mr. Lyon responded maintaining the service without distributing the workload to other existing people would require somewhere around $100,000; they may still have to have some reductions within staff; but to keep the service whole without dividing it up, that would be the minimum to do that.  Commissioner Nelson inquired if it is reduced beyond that, will they have to distribute those services out to other folks who already have other jobs that they are doing; with Mr. Lyon responding that is correct.  Mr. Lyon stated if they had less than that they would not be able to provide the service; and the number of staff would be so low, they would have to distribute the workload to some of the other areas as he outlined in the Agenda Report.             

 

Commissioner Bolin inquired instead of releasing three people, if they just released one and kept two and moved General Fund money over to help pay their salaries, would that keep the quality of service; with Mr. Lyon responding that is basically what he was referring to in his previous comment about the $100,000.  Mr. Lyon stated they probably would still have to reduce staff so there would be a reduction in the level of service, but $100,000 would accomplish maintaining the service as it is right now with maybe only minimal reductions in staff.  Commissioner Bolin inquired if they could keep two; with Mr. Lyon responding that is correct.

 

Chairman Scarborough stated reading option 2, it says to maintain the current levels of staffing it would be $240,000, but for only $100,000, they would only eliminate one position; and inquired if that one person is earning $140,000 a year or how do they get that number; with Mr. Lyon responding not exactly.  Mr. Lyon stated the Building Code Program was budgeted $320,000 for this service; they have made one quarterly transaction of $80,000; so the $240,000 would make both Building’s budget complete and balanced along with the Licensing and Regulation and Enforcement Program, which does the service for Building.  He stated they have already gone past the second quarter so those funds have already been allocated from a different source; and that is basically how they make up that money.  Chairman Scarborough stated he will ask it differently; and inquired rather than reducing staff at all, if the current staff was kept, how much would that cost; with Mr. Lyon responding it would be approximately $150,000.  Chairman Scarborough inquired if it was reduced by one position that would be approximately $150,000; with Mr. Lyon responding the licensing budget, which oversees contractor licenses and things of that nature, would be making up the rest of that money; and the $240,000 would balance both of the budgets between Licensing and Building.  Chairman Scarborough stated Commissioner Voltz brought up that when there is an economic downturn, there are things such as increased crime and mental illness; with the foreclosures they may find homes being abandoned; and therefore there would be this blight occurring throughout communities.  He stated one of the things the Board does not want to do is have it feed on itself; Code Enforcement is one method that is used when there is no longer a homeowner but a financial institution that does not care; and that becomes critical.  He stated he does not want to see those persons who helped make the problem possible increasing the burden on the remaining community by having a blight environment; and he is asking how Mr. Lyon’s department would be kept whole.  He stated Mr. Lyon is saying to move from a $100,000 to $250,000; and he does not understand how one additional person costs $150,000.  Mr. Lyon responded to be whole the department would need the complete $240,000 and $300,000 next year; there is one position that was vacated approximately a month ago; and he is calculating that position in the reduction; but he thought the question earlier was how many he would have to actually lay off, but he was accounting for the one vacant position.  Chairman Scarborough inquired if he is talking about two, the one open as well as another one; with Mr. Lyon responding yes. 

 

Commissioner Nelson stated when Mr. Lyon talked about being made whole, he is making a transfer to an agency that would give a cash forward of almost $90,000; and that was how he explained it to him that part of it was giving contractor licensing back money that it was paid for these salaries, so they do not have to do that.  Mr. Lyon advised that is correct; that would not be needed; the $90,000 may or may not be there next year to subsidize it, so if they keep the entire staff, they would still be looking at possibly $300,000 or close to it for the following year.  Commissioner Nelson stated for the remainder of this year it is projected there could be some revenues that are in excess of what they anticipated.

 

Chairman Scarborough stated they are looking at $150,000 General Revenue transfer now; and what he wants to do is hire the guy for the open position, keep everybody else on board, and tell them the work is going to get harder.  He stated Ms. Busacca described it that when a body is going into cold water it figures out what parts are going to die, the fingers and the toes, but it does not want to harm the entity itself so it will die; if the integrity of the community becomes more harmed by blight, that is going to the internal organs; and he is not going to let the internal organs die, even if there have to be layoffs in other departments.  He stated what he is saying is he wants to have a person hired for the vacant position.  Commissioner Bolin inquired if he wants to keep all three; with Chairman Scarborough responding they should be prepared for an increasingly blighted community.  Commissioner Bolin inquired what is the dollar amount needed to cover that.  Chairman Scarborough suggested taking a break for staff to talk about it; and stated Commissioner Nelson is talking about $90,000.  He inquired if that is in the formula, has it already been calculated in, and does Mr. Lyon need $330,000 to finish out the year or is it $240,000, and subtracting out the $90,000 it is $150,000.  Mr. Lyon stated Commissioner Nelson was correct; there are some anticipated revenues in the licensing budget that could help cover this fiscal year.  Chairman Scarborough inquired how much can be transferred to hire the person and keep the department whole; with Mr. Lyon responding they would need a minimum of $150,000, but next year it would be $300,000.  Chairman Scarborough stated that is next year’s budget.

 

Commissioner Nelson stated they are talking about keeping the service whole and determining what that is going to be; and if the Board is going to do that, it does not need to make the decision today, but can come back at the next budget meeting.  He stated Mr. Lyon can confer with the Budget Office and provide the numbers at that point in time so the board will know exactly what they are, but if the Board is moving towards keeping the service, then it will not be laying off anybody between now and then. 

 

Commissioner Bolin stated what she heard Chairman Scarborough say is that he wanted to hire someone; with Chairman Scarborough advising that is because there is one vacant position.  Commissioner Bolin stated if they are going to keep the three in question right now, she is concerned about hiring someone; and inquired when they get to the point where they will look at it as a budget issue going into the next year, is it unfair to someone who is a new hire.  Chairman Scarborough stated, going back to Ms. Busacca’s analogy, there are going to be dead body parts; there are going to be things frozen in the cold water; and the question is whether the internal organs will survive.  He stated there is the mental illness thing that the State is not funding; they are down too far with Circles of Care; and that could result in the death of a person, bodily injury to people, or blight in the community.  He stated those are things he cannot ignore, just keeping the other programs intact; and the problem becomes the Community Services Group is where they are going to have to go; and he is talking about 20% reductions.  He stated the Board may have to reach further into the Community Services Group reductions to keep the internal body parts alive; and that is how he is viewing it, looking at what parts will have to be sacrificed.  He stated it cannot just be done across the board.  

 

Commissioner Voltz inquired what about the hiring freeze that is on now.  Chairman Scarborough stated the Board can make that decision to determine where it will go.  Commissioner Voltz inquired if Ms. Busacca could make that decision if there is a specific need; with Ms. Busacca responding affirmatively.

 

Commissioner Bolin inquired if they are going to hold steady with the three and add one more person, it is possible that there is someone from another area who could take that position; with Ms. Busacca responding yes, she will look.  Chairman Scarborough stated that is excellent because someone could be moved there; and inquired if Mr. Lyon has enough direction; with Mr. Lyon responding yes, he understands the direction.

 

Commissioner Nelson stated it is his understanding that Ms. Busacca is going to come back to the Board; there was talk about a process; and it would be helpful to the Board if it had a financial analysis sheet to provide the information.  He stated working on the fly is a little difficult; and requested in the future a detailed sheet about what the problem is and what the potential solutions are, so the Board will have the numbers in front of it.  Ms. Busacca inquired if Commissioner Nelson would like a financial analysis of every possible option; with Commissioner Nelson responding the Board has three options with no analysis, so he is saying that is staff is going to give an option, it should give the analysis that went with the option so it knows how it got to that point. 

 

 

 

Ayn Samuleson stated she appreciates Commissioner Voltz bringing up the issue of the TRIM Notice in January; she has been talking to Stockton Whitten for almost two years about bringing more transparency and accountability to the surprise the people get in November; the TRIM Notice that comes in August only has the ad valorem taxes and does not include any of the fees or assessments; and that is the point in question, whether to include those fees or assessments in the TRIM Notice so people will have more of a disclosure so they are not surprised in November when they get their tax bill.  She stated some people pay a third to even a half of the total tax bill that is made up of fees and assessments, so for some it is more of a shock than for others.  She stated there is also the issue of cost; she is a proponent of lean and mean government; and this is something the Commissioners are going to have to weigh as far as the additional postage cost, which is estimated at $40,000 to $50,000 for an additional sheet. 

 

Assistant County Manager for Management Services Stockton Whitten stated the additional cost has not been fine-tuned; but there are going to be additional costs as a result of the Amendment 1 initiative.  He stated if the Board decides to add the non-ad valorem assessments, it will be on top of those; but they are working on the revision of the form; and he does not have the finalized costs yet.

 

Ms. Samuleson stated she got a list of that too; and thanked staff for sending it to her.  She stated if the Board is going to do this, it should do it to the best of its ability and include everything it can on the form.  She stated the Board will find that a lot of the cities will want to cooperate because if they do not, it will probably show up as a blank space there; and there probably will be some pressure put upon some of the Council members in the municipalities to present that information.  She stated she owns properties in other cities and will be putting some pressure on some of those people to make sure they take part to give the citizens what they need.  She stated she knows this brings some other problems to the Board, but that is not her job; her job is to say this needs to be brought to the citizens; and she will be glad to give Mr. Whitten a copy of the TRIM Notice from Alachua County that she referred to originally.  She noted Alachua County only has one or two assessments, but Brevard County and the municipalities have a bunch.

 

Commissioner Bolin stated she was going through the possibilities that could be added; and looking at an individual spot in the County, it looks like there might be two or three out of all the possibilities that would actually be added on.  She stated if the Board adds two, three, or four, she does not see how that is going to be a large problem since the form has to be redone anyway; and she is leaning toward putting as much as possible on it.  She stated the situation where she has a hiccup is how to determine the amount; they have to do the highest possible or an average over many years like the Board does with some of the garbage type things to make sure it does not underestimate and then give falsehoods; but the more than is on there, the more transparent government is going to be. 

 

Ms. Samuelson stated she knows it is a bit of a problem; the Commissioners may get a few calls; sometimes this is somewhat of a political issue as well; but Commissioners have experienced a lot of calls after the fact when issues were not presented.  She stated at least this way the Board can deal with them early rather than in November.  Commissioner Bolin advised it is better to give more information; with Ms. Samuelson agreeing. 

 

Commissioner Nelson stated he agrees with the transparencies; but the one thing he was struggling with was the MSBU’s because those are often contractual relationships with organizations.  He stated, for instance, Morningside is nine homeowners; they have already agreed to it; and it is not a tax in the sense of the fire assessment, but a program.  Chairman Scarborough stated two-thirds have to agree before it is even done; and once it is done and is bonded, it cannot be changed.  Commissioner Nelson stated the Property Appraiser said he thought those should be included, but he does not agree.  

 

Ms. Samuelson inquired if there is a common sense approach. 

 

Chairman Scarborough stated once the improvement is done after two-thirds have agreed to it, there is no way to go back and dig up the improvement. 

 

Commissioner Nelson stated they are going to have to go through it on that kind of basis; some of these do not rise to that level of necessity; and that is going to be the difficult thing, determining what is necessary.  He stated clearly there are those kinds of programs that just do not belong there because they have already been agreed to and are not a tax, noting they usually involved just a very small number of folks. 

 

Ms. Samuelson stated the Property Appraiser’s office said it would like to see everything on the Notice; but Commissioner Nelson said there may be nine people who have voted on it and approved it; so that is the Board’s decision.  Commissioner Nelson noted in some cases they are only for ten years. 

 

Chairman Scarborough stated an MSBU is like when someone builds a house and gets a mortgage, and then they say they do not like the deal; and inquired how they would undo the deal if they borrowed the money and built the house.  He stated two-thirds have to agree to put in a sewer or water improvement or what have you, and if they then say they do not like it, there is nothing they can do.  He stated maybe the Property Appraiser’s office does not understand the nature of the transaction as well the Board does. 

 

Commissioner Voltz stated she agrees; all of the MSBU’s should not be on the notice; and suggested putting something on the Notice saying the list is not all inclusive because some
things will be added on later.  Commissioner Nelson stated the problem is that scares people about what was left off.  Commissioner Voltz stated someone that could be couched somewhere; but the question is what is the deadline for the Board’s decision because the TRIM Notices will be going out; and she is sure the Board will have to make a decision soon.  Mr. Whitten stated the tentative millage hearing is July 29, 2008; and when he gets an opportunity he would like to make a couple of points of clarification.  Commissioner Voltz stated that does not tell here when the Board needs to decide whether or not to include them; and inquired if it is on July 29, 2008; with Mr. Whitten advising the sooner the Board decides the better in terms of assessments and whether or not they are final in the TRIM Notice.  He stated the way Alachua County does it is that at the tentative millage hearing, the County adopts the final rate resolutions for the non-ad valorem assessments; currently the non-ad valorem assessments have to be certified to the Tax Collector by September 15; and 20 days prior to the hearing date, if it is going up, a letter has to be issued to the taxpayer, so in terms of a drop-dead date, the sooner the Board decides the better it would be.  He stated if they are going to be put on the tax roll and deemed final, they are going to have to go on July 29; the rate resolution has to be adopted on that date; and Mr. Knox may provide some clarification.  County Attorney Scott Knox stated Mr. Whitten covered it pretty well; the 20-day notice is critical; and it has to be done before September 15.                

 

Chairman Scarborough stated the County sends out approximately 200,000 tax notices; when the Board holds the final budget hearing, one would think the room would be packed; but last year in the heat of the discussion, there were seven people who came to the meeting and put in cards, and only four of them spoke to the millage rate.  He stated the whole process is a dud; it costs a lot to mail notices to all those people and do those calculations; and the Board gets little feedback.  He stated less than ten people called his office; and generally what happens is his staff cannot answer a question over the phone, so the individual has to bring in his or her tax bills from the last three to four years so it can be tracked.  He stated within the County there are 40 different possible scenarios before bringing in other taxing entities; people say their taxes have gone up; but the irony is over the last three years the aggregate millage went from 7.5 mills to 5.5 mills.  He stated the devil is in the details; there are multiple different taxing entities; the School Board is being encouraged to go to maximum millage; and there are other factors such as some people having Save Our Homes and other people having vastly appreciated properties that are not protected by Save Our Homes.  He stated it is almost impossible to answer individual’s questions at a public hearing; and he would prefer that anyone having a question to call his or her Commissioner because that is the only way he can make sense of it with his constituents.

 

Commissioner Voltz stated on the final tax bill, the Board can increase the non-ad valorem but not the ad valorem, so if it sets a rate for the non-ad valorems, it can increase that at the final budget hearing if there is a need.  Mr. Knox cautioned the Board can do that, but to increase it above the amount that was advertised, the Board would have to send out a notice again.  Ms. Busacca stated there are two notices; one would be the letter, which is what is being discussed as opposed to the TRIM Notice; the Board can go above what is on the TRIM Notice, but it cannot go above what is on the letter.  Commissioner Voltz inquired if the Board puts something out on the fire assessment, but finds out that it is a couple of dollars more, can it increase without sending out another letter.  Ms. Busacca stated if the Board sends out a letter that it is $100 and then sends out a TRIM Notice that it is $90, it can go up to the $100 but not above without sending a new letter.  Commissioner Voltz inquired with all the assessments that the Board is doing this year, does it have to send out every letter; and does the Board only send out a letter if there is an increase.  Ms. Busacca stated Mr. Knox has advised it has to be done even if there is a decrease.  Mr. Knox noted it has to be sent out if there is an increase or a change in methodology that results in a decrease.  Commissioner Voltz stated if there is no change, then the Board does not send out a letter; with Mr. Knox agreeing.  Commissioner Voltz stated Chairman Scarborough brought up just having a few people at the final budget hearing, but before that, the Board Room and a room upstairs were packed, so the Board should never get the idea that people did not want tax decreases because people were screaming that they did want decreases; but at the final budget hearing, people thought it was all over and they could not do anything anyway, which is why they did not show up.

 

Chairman Scarborough stated they had a large turnout; 90% of the people who came to speak were not speaking for the millage issue but for the funding of programs; and it is much easier for someone to get motivated to make sure their program is funded.  Commissioner Voltz stated that was because of the Florida TODAY ad.  Chairman Scarborough stated historically most of the calls and most of the people coming to his office were not for the millage reduction, although they were not opposed to the millage reduction, but they did not want a program eliminated or decreased.  He stated millage is so big and comprehensive that it is hard to discuss; but if there is a program that someone is interested in that is going to be hurt, it is easy to come to the Board to champion that, so 90% of the contacts are insistent on talking about their particular programs.

 

Ms. Samuelson stated a lot of people call the Property Appraiser’s Office for a lot of issues; and they may be resolved at that time, so people do not necessarily call the Commissioner. 

 

Chairman Scarborough stated if it is a valuation, it is a Property Appraiser issue; and commented on valuation issues, Save Our Homes, and inequities that remain within the system.  Commissioner Voltz stated the system is broken and nobody wants to fix it. 

 

Mr. Whitten stated if the Board wants the assessments on the TRIM Notices final, then July 29, 2008 is the date at which it will set a rate resolution; and 20 days prior to that the Board has to have notice if the assessment methodology is going to change or if there is going to be an increase.  He reiterated the timelines; and stated the Board gets the budget from the County Manager on July 15.  Chairman Scarborough stated he is hearing that the Board should resolve this before the June break; with Mr. Whitten responding yes.  Commissioner Bolin stated the Board is going to be able to continue this discussion at another meeting.  Chairman Scarborough stated Mr. Whitten will bring it back to the Board before the June break.  Commissioner Voltz inquired what is Mr. Whitten going to bring back; with Chairman Scarborough responding what may be good is to go back to get a clarification from each Commissioner and put something together.  Mr. Whitten stated it will be on the Agenda on May 20, 2008. 

 

Commissioner Nelson stated Ms. Samuelson is going to provide Mr. Whitten with a copy of the Alachua County Notice; and requested Mr. Whitten provide the Board with copies of that. 

 

Chairman Scarborough stated staff is seeking direction regarding the providing of office space for the Criminal Conflict and Civil Regional Counsel; and Jeff Jean wishes to speak to the issue.

 

Jeffrey Dean, Regional Conflict Counsel for the Fifth District of the State of Florida, stated they are opening offices throughout the State to take over representation of indigent defendants that the Public Defender cannot represent; previously the counties had to pay contract attorneys to take conflict cases; and that came out of county budgets for years and years.  He stated that has moved over to the State; and the State’s response was to create a new State agency.  He stated last year Senate Bill 1088 was passed to form the five district offices; his jurisdiction is for 13 counties that comprise the jurisdiction for the Fifth District Court of Appeals; and so he has 13 counties, four circuits, 13 different county commissions, four different chief judges, and a bunch of different places that he has to be.  He advised his wife is not certain what it is that he does, but she is just happy he goes to work every day.  He stated they got started last year; they were supposed to be appointed in July; there are four other people who have the same job that he does throughout the State; and they actually got the job at the end of August.  He stated they began to formulate a plan, set up offices, and decide how they were going to proceed when the State gave them a budget.  He advised they were sued in December by the Florida Association of Criminal Offense Lawyers to determine whether or not the Statute was constitutional or not; and in March the Florida Supreme Court ruled that they were constitutional.  He stated at the oral argument there was some debate about whether or not the counties should be required, as mandated by the current Statute, to provide office space for the State agency, based on a number of arguments about where the funding should actually come from; but that question was not addressed in the lawsuit.  He stated in the argument there was some reference to whether or not counties had the standing and cause of action to determine whether or not they should have to pay; and there has been some rumbling throughout the State.  He stated he has worked with Shannon Wilson and Stockton Whitten; the Board should be proud to have them representing the County; and he appreciates that they kept things low key.  He stated they have been very informative and helpful in guiding him to this point; but he is at the point now where he had been told to continue to seek office space from the counties.  He stated he is opening seven offices in thirteen counties; there are offices in Volusia, Seminole, Osceola, Hernando, and Marion Counties; all of those are being paid for by him; but his budget with the State ends June 30, 2008.  He stated he is now at the point where he is at the mercy of each County Commission to determine how he should proceed; they have begun to take cases in Brevard County now; they are starting to take dependency cases this month; they have been taking delinquencies since November or December; and they are beginning to take felony cases now.  He stated they are not fully operational in Brevard County because they do not have an office; the Statute currently mandates that the County provide office space; he understands that position may be debatable; but there is no lawsuit filed by any of the counties, although he keeps hearing there might be.  He stated as of today, there is no lawsuit; and it is not his intention to ever have one.  He stated they initiated a plan in February or March where they were seeking office space in Brevard County; he has been authorized to fund that office space through June; but they could never reach an agreement about rent.  He stated initially they were shown County space by Mr. Whitten and Ms. Wilson a few months before the lawsuit; they went there because that was space the Board approved; but reiterated they could not reach agreement with the landlord about the rent, so they did not go there and have not opened space.  He stated currently his four fulltime attorneys are working out of their houses or in whatever offices they had previously and he is supplying them.  He stated some counties have taken the position that this is an unfunded mandate; but it is not totally unfunded.  Mr. Dean stated the Statute requires the County to treat the office like that of the Public Defender for funding purposes; and it would require the County to provide computers and phone systems; but he has all that and can continue to purchase it for the foreseeable future to carry on through at least a year or more.  He stated they would need access to a phone system of some sort to use their technology; they are trying to coordinate all of the offices; they are using a voice-over computer system; and they have all of the lines attached to all of the other offices so they do not have to use long distance.  He stated they are seeking technology like that, but he is not sure what would happen if the Board was gracious enough to give office space.  He stated they are open; they are going to take cases in Brevard County; they are designed to do that; and based on the statistics Brevard County’s caseloads will exceed those of Orange County and everywhere else in his district by a lot. 

 

Chairman Scarborough inquired why Brevard’s caseload will exceed that of Orange County; with Mr. Dean responding he is not able to put his finger on that.  Mr. Dean stated they have been taking cases in Orange County since November so they have a good feel on how they are doing there; Brevard County’s Court Administration has provided him with statistics; since they have not been taking cases yet, he has not been able to verify based on the statistical analysis that was given to him by Court Administration; but it appears Brevard County will exceed Orange County by a couple of hundred felony cases and many more misdemeanors.  Chairman Scarborough inquired does Orange County have more cases; with Mr. Dean responding it does.  Chairman Scarborough inquired what statistics show that Brevard County has more conflict; with Mr. Dean responding what they have to factor in is the kind of cases and how the divisions are set up in a particular place; and commented on Orange County having ten felony divisions, rules for conflicting out, variables that get factored into a local jurisdiction, and anomalies.  He advised they expect to get 850 felonies in Orlando; they are on track to do that; and the analysis they received is a projection that exceeds 1,000 cases in Brevard County, noting those are just felonies.  He stated they are going to have some lawyers in Brevard County; they are committed to opening; and they have to have an office in the County because it is not feasible to use out-of-town lawyers.  He commented on the logistics of the County, movement of attorneys from county to county in other circuits, taking months to get up to speed, and hiring attorneys that want to live in the County.  He stated the main thing that will slow them down is determining whether they have office space and what the facilities are going to be; they are at the point where they were supposed to be fully operational on January 1; but the lawsuit curtailed the Legislature’s re-forecast when they would be fully operational.  He stated they will take more cases, do it better and at a better cost per case; but they are having thirteen different debates in various stages of success about whether they are going to have offices in all of the counties that he represents at this point.  He stated their demands are not going to be too ominous; but he understands the Board’s situation because he is in the same position running his agency.  He stated he has budget cuts and severe restraints placed on him by the last Legislative Session; and he is dealing with those things.  He stated he understands the Board’s position; he is sympathetic and empathetic; and he hopes the Board is with him as well.  He stated they are asking for office space; they have not looked specifically for space in the County yet; the better practice was to come before the Board to determine whether or not it is going to approve it; and then they will go with whatever they are told to do.  He stated he is happy to answer questions.  He advised they have been using part-time attorneys; but legislation just passed that will require use of fulltime attorneys within two years, so they will need to have a fulltime legal office in the County.  Mr. Dean stated when it is fully operational within the next year or so, the office will have ten or more attorneys with support staff; and those will be jobs in the County.  He stated it will be State supported; the State will supply payroll and supplies; but right now the counties are to provide office space.  He stated they are requesting office space at a reasonable cost; he has done this different ways in other counties; and commented on having office space in other counties and paying rent for office space. 

 

Chairman Scarborough stated he does not know if the Board needs to take action today; and inquired if Ms. Wilson wants the Board to do something today.  Deputy County Attorney Shannon Wilson stated she is seeking some action today; Mr. Dean has three lawyers he has brought on under contract who are supposed to be starting this week; and they would be working in the dependency area.  Chairman Scarborough stated his problem is there are budget implications; the Board has not even gone to mid-year yet much less to next year’s budget; and he would prefer to get into the budget discussion a bit more before taking action.  He stated the Board may be eliminating jobs in some of the locations to keep the vital functions alive; and the question is whether the Board wants to undertake other obligations.  Ms. Wilson stated one of the things they were exploring was whether they could find some individual offices that would at least provide the three lawyers a desk and telephone to work from; the Dependency Court and Juvenile Court are next door in Viera; and those lawyers will serve those courts.  Chairman Scarborough stated that is if there is space available; with Ms. Wilson noting she does not know that there is.  Chairman Scarborough stated that is something different; but if Ms. Wilson is talking about $100,000, then that needs to be brought into the budget.  Ms. Wilson stated she understands that; and suggested asking staff whether or not it may be able to locate something in-house versus actually expanding dollars. 

 

Commissioner Voltz stated last year Mr. Knox laid off one attorney and secretary, so he must have space.  Chairman Scarborough stated they need to be careful about compatibility of client.  Commissioner Voltz stated it should be temporary.  Chairman Scarborough stated this needs to be well thought out; and he would encourage the board to find open compatible space and as it gets into the mid-year budget adjustments and the budget, this has got to be a part of the conversation. 

 

Commissioner Bolin stated the Board can give direction to put something together so it can look at it because she does not know what is available.  Commissioner Voltz stated the Board needs to support it somehow, but how and where is another question. 

 

Chairman Scarborough inquired if Commissioner Bolin wants to make a motion; with Commissioner Bolin responding she wants to know what is out there.  Chairman Scarborough stated the Board can get an additional report from staff as to the opportunities; with Commissioner Voltz advising the Board needs to do that.  Commissioner Bolin stated she wants to be clear that the Board is not stating it is going to support rent anywhere; and she just wants to know what the County has in-house.  Commissioner Voltz stated at this point the Board may find itself laying off people this year and renting space out; but it may be different in two years.  Commissioner Nelson stated there is discussion of a lawsuit, but none has been filed; and requested an update on what is happening be included in the report.  Ms. Wilson stated she will follow up on that; and the last she heard there were some negotiations with the Legislature to try to forestall the lawsuit. 

 

Chairman Scarborough advised the Board needs to take a two-minute break for technical reasons.

 

The Board recessed from 1:25 p.m. to 1:27 p.m.

 

Ms. Wilson stated the last they checked was Friday; there were discussions from the Florida Association of Counties that there had been discussions with the Legislature regarding trying to work this out so it would not result in a lawsuit; however, as of Friday, those had broken down.  She stated in the conference call she participated in she was informed that the Legislature had been told to anticipate a lawsuit at this time.  Commissioner Voltz inquired about which counties are involved; with Ms. Wilson responding they are sprinkled throughout the State; and she is not sure who will take the lead.  Ms. Wilson advised they are still working out the details; but the research has been done; and she will bring that back as part of a report. 

 

Chairman Scarborough stated the Board understands the need and would like to assist in making this happen; but at this time the dollar discussion will have to be deferred; and requested Ms. Wilson prepare the Board for that. 

 

 

 

Norman Benz stated he wants to ask the Board to authorize the sale or lease of a parcel of County property. 

 

Chairman Scarborough inquired what Mr. Benz wants to do with the property; with Mr. Benz responding he wants to build four radio towers and an office/studio building.  Chairman Scarborough inquired if this is a private corporation; with Mr. Benz responding no, it is a not-for-profit corporation, Divine Mercy Communications, Inc., which is a 501C3 corporation.  Mr. Benz advised he is the Chairman and Treasurer; the corporation recently purchased radio station 920 AM in Melbourne, which was the former WMEL; and it is now operating as WDMC, Divine Mercy Radio.  He stated the programming is religious and educational; they were unable to purchase the real estate on which the station is located; and presently they have a 30 month lease on the property.  He stated the owner intends at lease end to remove the towers and building and develop the site for residential construction, so they are being forced to relocate.  He stated the engineering firm they have engaged has determined they will require a minimum of 17 acres so the four 230-foot towers can be placed in such a pattern that their listening area will conform to the FCC regulation and international treaties with the Bahamas and Cuba.  He stated the FCC also requires the new site be as close as possible to the present site, preferably within two miles; and despite searching with the assistance of several real estate agencies, the only satisfactory site they have been able to find is located on Jones Road, off Eau Gallie Boulevard, west of I-95.  He stated the site is several hundred feet from the closest residence; it is densely covered with palmettos and other brush and trees; but the site, which is owned by the County, is not large enough for their needs; and they will require another 270 feet to the north, which is owned by a private individual with whom they have discussed possible sale or lease.  He stated if Divine Mercy Communications acquires both parcels, it will totally clear the required area; and after construction of the station, it will maintain the area with a park-like appearance. 

Mr. Benz stated they will also consider all appropriate requests for co-location on their towers by other companies; and requested the County parcel be sold or leased to Divine Mercy Communications.  He stated it is his understanding that since Divine Mercy Communications is a not-for-profit corporation, the sale can be made without competitive bidding; and advised of speaking with various people in the County.  He stated staff has suggested that placing their petition before the Board is a viable option to acquire the land.

 

Commissioner Bolin stated she knows the good work that is being done with the company; but it is a very complicated situation because a conditional use permit for towers will be needed.  She inquired if the Board considers leasing is that giving Mr. Benz any idea that it would approve something for a tower; and reiterated it is going to be very complicated so more work will be needed at this time.  She stated she would like to go forward; the Board is going to need a staff report as far as the wetlands; and inquired if Mr. Benz has gotten anywhere as far as purchasing the other land.  Mr. Benz responded he has not pursued that; he talked to T. A. Altman who owns the adjoining land; and he cannot go much farther without knowing whether he can acquire the County land.  Commissioner Bolin stated she would like to work with Mr. Benz further to see if they can hurdle some of the things because at this point there are a lot of hurdles to look at.  Mr. Benz stated he would be happy to do whatever it takes. 

 

Chairman Scarborough stated the Board needs to determine whether it wants to surplus the property and whether there is a County need; and even if it does not have to go to competitive bidding, if the County is selling the property, he is concerned about not going through the process because the land is owned by all the people and the board has to make sure it is being sold at the correct price.  He stated appraising the property and offering it for sale may take longer, but the Board does not want to have criticism that it has not followed the correct procedure.  He noted land transactions are scrutinized in many ways, so he would like to have the list of things, not just from a legal sense, but also that this is the prudent way for the Board to be good fiduciaries for public property. 

 

Mr. Benz advised if they cannot get the land, they will be holding an FCC license.  Chairman Scarborough requested Mr. Benz not assume he cannot get the land.  Mr. Benz stated the urgency to get the land is considerable; with Chairman Scarborough responding they will try to expedite the questions. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to appoint Tracy Anania, Jack Sidoran, and Kevin Smith; and reappoint Ronald Cobb, Richard DiPatri, Mike Menyhart, and John Rice to the Brevard Workforce Development Board.  Motion carried and ordered unanimously.

 

 

 

County Manager Peggy Busacca stated May 29, 2008 at 2:00 p.m. will meet with all Commissioners’ schedules for the Mental Health Workshop.

 

Chairman Scarborough stated Commissioner Voltz is involved with mental health; he would like to see the whole component with the hospitals; and he would encourage Sheriff Jack Parker, State Attorney Norm Wolfinger, and all the organizations present. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve scheduling the Mental Health Workshop on May 29, 2008 at 2:00 p.m. Motion carried and ordered unanimously. 

 

 

 

Commissioner Nelson stated it was his pleasure last Saturday to attend a breakfast with the Cape Canaveral Chapter of the Military Officers Association of America, which was having its Florida convention; and he was able to listen to Vice Admiral Norb Ryan speak about the issues they are dealing with.  He stated it sometimes troubles him how veterans are treated when they come back and some of the issues that they are associated with; and commented on an Iraq veteran with head trauma whose mother is taking care of him but gets no benefits, which leaves them basically penniless.  He stated those are the type of issues that the group is working on; and thanked Captain William Monk and Bill Keeney who put together the convention.

 

Chairman Scarborough stated one in four adults is having problems with mental illness; and over half of them are in some type of shock from this environment.  He stated he heard that because they are so concerned about being able to integrate back into the business community, many of them who are having problems will not see a doctor or seek medical attention; there is an inability to understand the things that were done to people; and commented on people traumatized during the Vietnam era who appear to be okay on the surface but who have gone through things that the rest of the people have not had to endure.  He stated reaching out to those people is everyone’s responsibility; it is easy to see a person who has been physically wounded; but there are other than just physical wounds.  He stated he is glad it is being brought to the Board’s attention; and it gets back to the issues of mental health. 

 

Commissioner Voltz stated she will try to have someone at the workshop from the VA Clinic; with Chairman Scarborough responding that would be very good.

 

 

 

Commissioner Voltz stated the Parks and Recreation South Area Advisory Board meeting was held on April 28, 2008; it was the long-awaited meeting about the South County boat ramp; and commented on the variety of issues discussed.  She stated the next meeting will be on June 16, 2008; and all the people supporting the boat ramp need to be aware of that.  She stated the second focus group meeting was held on May 2, 2008 with the Palm Bay Senior Center; and the difference between the needs of that and Micco were monumental.  She stated there were totally different needs; and they will probably find different needs up and down the County.  She commented on the cost of dues being low due to the number of volunteers at the Senior Center. 

 

 

 

Commissioner Bolin stated she had the pleasure of attending the FIT Spring Commencement; and it was quite a ceremony.  She stated following that she attended a luncheon; and commented on meeting Elon Musk, the CEO of SpaceX, which will be doing the commercial end of the next shuttle.  She noted Mr. Musk was one of the co-founders of PayPal; and he is brilliant.

 

 

 

Commissioner Bolin stated when a preliminary workshop review on Government Efficiency was done, they saw it would be a whole day workshop.  She stated it will be an opportunity to get into a good dialogue with industry leaders of the County; and the Commissioners will be receiving a report ahead of time for review.     

 

 

 

Upon motion and vote, the meeting was adjourned at 1:44 p.m.

 

 

                                                                        _____________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)