February 05, 2008 Regular
Feb 05 2008
MINUTES OF THE MEETING OF THE BOARD OF
February 5, 2008
The Board of County Commissioners of
The Invocation was given by Pastor Roger Hackenberg, Hope Community Fellowship,
Commissioner Chuck Nelson led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the October 9, 2007 and November 13, 2007 Regular Meeting Minutes. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOGNIZING EAGLE SCOUT DAVID SHAPIRO
Commissioner Colin read aloud a resolution recognizing Eagle Scout David Shapiro.
Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing David Shapiro for attaining the rank of Eagle Scout and offering congratulations and best wishes for a successful future. Motion carried and ordered unanimously. (See page for Resolution No. 08-020.)
David Shapiro stated he wants to thank his family, teachers, and scout leaders for everything they put into his becoming an Eagle Scout.
RESOLUTION, RE: RECOGNIZING BREVARD COUNTY SCHOOL CROSSING
GUARDS
Commissioner Colon read aloud a resolution recognizing Brevard County School Crossing Guards.
Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution recognizing the employees of the Brevard County School Crossing Guard Program for their outstanding service to the community. Motion carried and ordered unanimously. (See page for Resolution No. 08-021.)
Program Manager Deborah Morancie introduced Central Lead Worker Christina Rivera, South Lead Worker Jill Engle, Criminal Justice Services Director Shaunna Heffernan, Crossing Guard of the Year for 2007 Mary Guido, and North Lead Worker Iva Mulla. Commissioner Colon thanked all of the Crossing Guards on behalf of the community; and requested that the folks who are present share that with the other Crossing Guards.
RESOLUTION, RE: RECOGNIZING THE 101ST BIRTHDAY OF
Commissioner Bolin read aloud a resolution recognizing the 101st birthday of Geneva Yeager.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing the 101st birthday of Geneva Yeager and encouraging all whose lives she has touched to celebrate with her. Motion carried and ordered unanimously. (See page
for Resolution No. 08-022.)
Commissioner Bolin inquired if Ms. Yeager wants to tell about her birthday party; with Ms. Yeager commenting on her birthday celebration.
RESOLUTION, RE: RECOGNIZING EAGLE SCOUT JAMES PETER FREDERICK
Commissioner Bolin read aloud a resolution recognizing Eagle Scout James Peter Frederick Walker.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing James Peter Frederick Walker for his accomplishments as an Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 08-023.)
James Peter Frederick Walker thanked his scout leaders and his mom for helping him throughout the years; and further thanked all of the scouts in his troop for helping him with his service project.
STAFF RECOGNITION
Commissioner Voltz stated each year the Department of Environmental Protection (DEP) presents annual awards to domestic wastewater and drinking water facilities from around the State; DEP recognizes facilities that demonstrate excellence in operation, maintenance, innovative treatment, waste reduction, pollution prevention, conservation, recycling, and other special achievements; through these awards the Department recognizes certain facilities’ commitments to excellence in management through dedicated professionalism; selection criteria includes compliance history for the last three years on record keeping and reporting, customer relations, outstanding operations and maintenance practices, and facility operations, which include staff training and safety equipment training; and it is a proud day for Brevard County to recognize two staff members who have worked hard to achieve the award. She stated Glen Siler and Dennis Baudek are both Operators of the Barefoot Bay Wastewater Treatment Facility in the south part of Brevard County; Glen Siler accepted DEP’s Plant Excellence Award for the Central District on behalf of the Barefoot Bay Wastewater Treatment Facility; the employees at Barefoot Bay were thanked for the Facilities high standards of professionalism and dedication to public heath and the environment; and today the Board would like to recognize them for the hard work and commitment to the citizens of Brevard County. She advised Glen Siler and Dennis Baudek are two County staff members who make everyone proud; and Mr. Siler is present today to accept the Award on behalf of those who work to make the Award possible.
Glen Siler stated there are only seven of those types of Awards in the State;
Commissioner Voltz advised recently she heard the water was wonderful compared to what it used to be; and staff has done a great job in
REPORT, RE: POSSIBLE REMOVAL OF ITEM VIII.E.3 FROM AGENDA
County Manager Peggy Busacca suggested the Board move Item VIII.E.3 to the February 12, 2008 Workshop meeting; but stated she sees the citizen who has made that request is present and she does not want to speak for her. She advised staff would like some additional time on that item as far as preparation; she discussed it yesterday with the citizen briefly; but since she is present at the meeting she will let her speak for herself. Ms. Busacca stated it is the Citizen Request by Marlene Adams.
Chairman Scarborough stated County Attorney Scott Knox was going to get back with the Board with some additional information as to some of the questions being raised; the thought was to do that next week on February 12, 2008; and inquired what item the Board has on February 12th. Ms. Busacca responded the Land Acquisition Workshop. Chairman Scarborough advised the Board can take that item first before the Board gets to the Land Acquisition portion of the Workshop, because he thinks Fire Rescue Director Bill Farmer wants to have his consultant in and out. He stated Ms. Adams also has a
card in for Public Comment; and people can come in and comment but that item could be heard next Tuesday to allow Mr. Knox to come back to the Board with some more responses. Ms. Busacca stated the item Chairman Scarborough was referring to for Fire Rescue is Item VII.A, Authorization to Award Contract to Burton & Associates for Consultant Services to Review/Revise Fire Service Special Assessment. Chairman Scarborough stated he does not hear a problem with VI.A; the Board will see when it gets to the end of the Agenda if Ms. Adams is present; and if she is present she can address Item VIII.E.3.
REPORT, RE: REMOVAL OF ITEM III.A.5 FROM AGENDA
Commissioner Nelson stated there are two items on the Agenda relating to Waters Mark Plantation; one is an approval of a plat; the Board has gotten a letter that clarifies that the issue with the wall will be separate; and he is fine with moving ahead with the plat. He stated Brett Woodson, owner of Waters Mark Development & Consortium, has agreed to meet with the community and have a discussion about the wall; and he wants to withdraw Item III.A.5, but to leave Item III.A.1, which is the plat approval, on the Consent Agenda.
REPORT, RE: REMOVAL OF ITEMS III.C.1, III.C.2, AND III.C.3 FROM THE AGENDA
Commissioner Nelson stated there are three items that are Special Magistrate items that he wants to discuss; it is not about them individually but about the process itself; and he does not know any other way than bringing it up under Reports. He stated in each of the cases they have reduced the fine below the cost of going through the process; and these are Items III.C.1, III.C.2, and III.C.3. He stated the fines end up being less than what it costs to actually run through the process; his thought is, given the circumstances the Board is faced with in terms of the tax reform, it may be more appropriate to instruct
the Special Magistrate to award an amount equal to what it costs the County to go through the process; in most cases it will go up slightly from what the Special Magistrate has recommended; but at least the County has covered its costs. Commissioner Nelson stated it seems to be inappropriate to go through a process where someone did something wrong and the taxpayers in effect had to pay for going through the process. Chairman Scarborough stated that makes a lot of sense; and inquired if the Board can make that a requirement overall or would it have to deal with the citizens individually as he or she comes before the Board. County Attorney Scott Knox responded if the Board wants to make that a Policy or a steadfast rule the best way to do it is to put it in the Ordinance so the Special Magistrate does not have any choice. Commissioner Colon stated this should be put on the Agenda for further discussion; and it is fine to bring it up under Reports but it really needs further discussion as the Board will be setting policy. Commissioner Nelson stated there are three items on today’s Agenda that the Board is going to have to agree on the amount; and suggested pulling those to discuss them. Chairman Scarborough inquired if it would be prudent for the Board to hold off
and not take any action on those today, and to bring the items back in two weeks. He stated he had a situation where the Special Magistrate suggested the citizen come visit with him; and he did not feel it was appropriate.
REPORT, REMOVAL OF ITEM VI.B FROM AGENDA
Commissioner Nelson stated he wanted to continue Item VI.B to the February 19, 2008 Board meeting. He inquired if the Board needs a motion at this time; with Chairman Scarborough responding it will need a separate motion from the Consent Agenda since it is a public hearing.
Commissioner Colon inquired if Economic and Legislative Programs Director Greg Lugar is aware that Commissioner Nelson wants to continue the item; with Commissioner Nelson responding he is going to be meeting with him and the representatives.
REPORT, RE: VALKARIA AIRFEST
Commissioner Voltz stated the Valkaria Airfest will be held February 16, 2008; last year 300 people were expected and 3,000 people attended; the food ran out and everything; but this year 5,000 people are expected to attend. She stated she wants to invite everyone to attend, especially people who are interested in airplanes; and there will be skydiving demonstrations, food, youth aviation, Boy Scout campout, and unbelievable activities.
REPORT, RE: SILVER STATE HELICOPTERS
Commissioner Voltz stated Silver State Helicopters closed down its school totally; the people in Valkaria will not be harassed by the helicopters flying within 200 feet of homes; it is a good thing for the community; but it is bad for the students at Silver State Helicopters. She advised she heard on the news that it cost $70,000 to go through school there; a lot of the students have loans and have not completed school; and it will be horrible for those students. She stated Silver State Helicopters has not been a good community member.
REPORT, RE: REMOVE ITEM III.B.1 FROM THE AGENDA
Commissioner Bolin stated the Crossing Guards is a good program; the Board honored the Crossing Guards for all of the excellent work they have done; but she wants to table the item to a Budget Workshop as it is the more appropriate venue to discuss this item.
REPORT, RE: TIME CERTAIN FOR VIERA DRI ITEM
Commissioner Bolin stated she has an item on the February 19, 2008 Agenda, which is the West Viera DRI; they have requested the Board do a time certain because of how many people will be present; and she would like advice from the Board on this issue. Chairman Scarborough inquired how large is the Agenda going to be in two weeks; with County Manager Peggy Busacca responding there are already a few items tabled to that meeting; and stated there are a couple of public hearings that should be relatively minor. Chairman Scarborough stated it probably does warrant a time certain, and it may be best to schedule it for 1:00 p.m. Commissioner Colon suggested that the Cities of Rockledge and Melbourne get a special invitation to attend.
The Board reached consensus to hear the Viera DRI item scheduled for February 19, 2008 at 1:00 p.m.; and directed staff to invite the Cities of Rockledge and Melbourne to the meeting.
Chairman Scarborough stated this item is in Commissioner Bolin’s District; he wants her to work with Assistant County Manager Mel Scott and others; he wants to make sure at the end of the day it is structured so that Commissioner Bolin feels comfortable; and suggested she let the Board know how she wants to proceed with this. Commissioner Bolin inquired if her office should put together an Agenda item and to submit it to the Chairman for review; with Chairman Scarborough responding whatever she brings to the meeting will be fine with him.
REPORT, RE: RECEPTION AT
Commissioner Colon stated she may need a little help from Chairman Scarborough; there was a wonderful reception at the
wonderful timing having NASA Administrator Mike Griffin there and the Delegation from regarding the partnership between the and . Commissioner Colon suggested getting feedback from Chairman Scarborough regarding this issue. Chairman Scarborough stated it is nice that within the community it has the prime decision makers of two countries coming together to add to the force of where man goes in Space and the thought that it is here in Brevard County. He stated he invited Mr. Griffin to visit the Board and talk to
REPORT, RE: TRIP TO WASHINGTON, D. C.
Commissioner Colon stated she wants Commissioner Nelson to speak to the Board about his trip to
Commissioner Nelson stated it was an excellent trip; and they were talking to all of the different Congressmen; and the following day Congressman Dave Weldon decided he was not going to run for office again. He stated he had a chance to sit down with NASA Deputy Administrator Shana Dale; she brought in their key staff, which was the transition staff; they discussed the transition; and then got into a down-to-earth discussion about what is happening locally, the direction the Board has talked about, and diversification of the
REPORT, RE: SUPER BOWL
Commissioner Colon stated she must report about the Super Bowl as it would be un-American not to do that. She stated her brother worked at Giants Stadium, which is in Secaucus, New Jersey; the Giants to her family is like the local team; and it has filtered down to little C. J. Colon who is eleven. She advised in September C. J. wanted her to buy a New York Giants jersey, which cost $56; C. J. cut a lot of grass in order to do that; he earned that money in about five or six weeks; and he was praying for rain so the grass would grow. She stated this is when Eli Manning and the Giants were being attacked; C. J. wore his jersey to school and the boys were dogging him; he washed his shirt by hand; and when the Giants won against
scored, her father wanted to throw everyone out of his home; but she was proud of C. J. Colon for working so hard to earn that shirt and reminding her of how
REPORT, RE: TRIP TO WASHINGTON, D. C. (CONTINUED)
Chairman Scarborough stated Commissioner Nelson’s trip to Washington, D. C. was very significant; and the capacity to bring in different governmental agencies, testing of Rolls Royce engines, and the idea that the skills here can be used and used constructively with those things is amazing. He stated what is tragic is it is not only Space; all of the aircraft are maintained overseas; and the idea that the does not have the capacity to be a technical country is permeating everything. He noted after the NASA budget is looked at then come the technical issues; it leads to gaps; gaps lead to more gaps; but the biggest thing is today the Nation is voting. He stated the Board has been active in talking the story. He would like to send Commissioner Bolin to Washington, D. C.; he spoke with Congressional offices and Frank DiBello, and the next thing is the policy issue; and he would like Commissioner Colon work the policy issue.
Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant permission for Commissioner Bolin to travel to
Commissioner Colon stated Commissioner Nelson and Commissioner Bolin are going to have to team up; it will be critical to the future of
Chairman Scarborough stated he was hoping Commissioner Nelson could get Bob Walker and the team of people and people like Lee Arnold from Senator Tom Feeney’s Office and Shana Dale from NASA so the community could be a part of that dialogue; and inquired if he has made any plans on that regard yet. Commissioner Nelson responded he was seeing how the process moved forward; and having gone to Washington, D. C., he has a better feel for what the issues are so
country; and it is moving into some different component parts. He stated he would like to see this before the Board takes its June break if possible; once the Board comes back it will be really tied into the election; and the more the Board can articulate Space issues the better off it will be to the community. Commissioner Nelson stated one of the things that was important in all of the discussions is that the Board made sure that it was not a jobs issue in Brevard County; the national issues of security as well as the technical knowledge loss that it is facing were discussed; and the NASA people were interested in that aspect of it because they recognize what is happening better than Congress does. Commissioner Colon stated when Senator Mel Martinez did the tour of Northrup Grumman it brought home the fact that the Board has to be more proactive through the EDC identifying those companies that need to bring those folks into the community and get them to open those doors; Senator Martinez was able to sit there for an hour and just learn so much more; and there was no way he would know to what degree Space plays a role in regards to national security. She stated NASA is not able to lobby for itself; it is critical for folks to know that; the EDC, the Florida Delegation, and the Board need to push; and Governor Charlie Christ has to be on board. She stated the Board needs to target a date to have another symposium with plenty of time to invite every United States Congressman in the State of
DISCUSSION, RE: ITEMS ON CONSENT AGENDA
Chairman Scarborough advised that Item III.A.5, Waiver of Wall Height for Waters Mark Plantation will be withdrawn from the Consent Agenda. He advised Items III.C.1, Request for Reduction of Fine and Release of Code Enforcement Lien for 5850 Old Dixie Highway, Melbourne; Item III.C.2, Request for Reduction of Fine and Release of Code Enforcement Lien for 2416 Kingswood Drive, Mims, Florida; Item III.C.3, Request for Reduction of Fine and Release of Code Enforcement Lien for 109 E. Exeter Street, Satellite Beach will be tabled; and Item III.B.1, Permission to Advertise Ordinance Allowing Imposition of Surcharge for Parking Violations in Unincorporated Areas of Brevard County for Purpose of Providing School Crossing Guards During School Sessions will be tabled to the next budget workshop.
FINAL PLAT APPROVAL AND TRI-PARTY ESCROW AGREEMENT WITH
WATERS MARK DEVELOPMENT & CORSORTIUM, RE: WATERS
MARK
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final plat approval and approve Tri-Party Escrow Agreement for Waters Mark Plantation SD #05-07-002; and to authorize the Chairman to sign the final plat and Agreement. Motion carried and ordered unanimously. (See page for Agreement.)
WAIVER OF 15-FOOT PERIMETER BUFFER TRACT, RE: PINE RIDGE
SUBDIVISION
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant a waiver of the 15-foot perimeter buffer tract at the entrance to the Pine Ridge Subdivision and to allow 8-foot landscaped buffer tracts on both sides of the entrance. Motion carried and ordered unanimously.
RESOLUTION RELEASING CONTRACT WITH BROOKWOOD RESIDENTIAL
PROPERTIES, INC., RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing Contract dated 05-22-07 with Brookwood Residential Properties, LLC for Highlands Viera West. Motion carried and ordered unanimously. (See page
for Resolution No. 08-024.)
RESOLUTION, RE: REVISING LAND DEVELOPMENT FEES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending the current Land Development Fee Resolution. Motion carried and ordered unanimously. (See page for Resolution No. 08-025.)
WAIVER OF WALL HEIGHT, RE: WATERS MARK
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to withdraw request for waiver of height of subdivision wall and columns and entry gates at Waters Mark Plantation, per Section 62-2889 of the Code. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN, RE: WILLIAM D. AND CORNELIA
KABBOORD
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Binding Development Plan with William D. and Cornelia Kabboord for property located on the east side of the southern terminus of Carol Drive, approximately 750 feet south of Canaveral Groves Boulevard, and extending eastward to the west side of the southern terminus of Brown Court. Motion carried and ordered unanimously. (See page
for Binding Development Plan.)
ASSIGNMENT AND ASSUMPTION AGREEMENT WITH
RAILWAY, L.L.C. AND TOWN OF GRANT-VALKARIA, RE: TRANSFERRING
GRADE CROSSING MAINTENANCE RESPONSIBILITY TO TOWN OF
GRANT-VALKARIA
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Assignment and Assumption Agreement with Florida East Coast Railway Company and the Town of Grant-Valkaria transferring the maintenance responsibility from Brevard County to the Town of Grant-Valkaria for public grade crossings within the Town limits. Motion carried and ordered unanimously. (See page for Agreement.)
TASK ORDER 07-03 WITH SCS ENGINEERS, INC., RE: CENTRAL DISPOSAL
FACILITY (CDF) IN
LANDFILL GAS COLLECTION
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Task Order with SCS Engineers, Inc., one of the Department’s continuing engineering consultants, to conduct the CDF operating permit modification and landfill gas collection improvements. Motion carried and ordered unanimously. (See page
for Task Order No. 07-03.)
CONSENT AND AGREEMENT WITH BREVARD ENERGY, LLC, RE: LANDFILL
GAS GENERATED AS CENTRAL DISPOSAL FACILITY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to consent to the collateral assignment of Brevard Energy, LLC’s right, title, and interest in the Agreement between Brevard Energy, Inc. and
PERMISSION TO ADVERTISE, RE: ORDINANCE ALLOWING IMPOSITION OF
SURCHARGE FOR PARKING VIOLATIONS IN UNINCORPORATED AREAS
OF BREVARD COUNTY FOR PURPOSE OF PROVIDING SCHOOL
CROSSING GUARDS DURING SCHOOL SESSIONS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table permission to advertise ordinance allowing imposition of a $10 surcharge on fines levied as a result of tickets issued for parking violations in the unincorporated areas of Brevard County for the purpose of funding the School Crossing Guard Program to the next budget workshop. Motion carried and ordered unanimously.
RESOLUTION AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE
FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
LAND AND WATER CONSERVATION FUND PROGRAM (LWCF),
AUTHORIZING AMENDMENT TO CAPITAL IMPROVEMENT PROGRAM
ELEMENT OF COMPREHENSIVE PLAN, AND AUTHORIZATION FOR
PARKS AND RECREATION DIRECTOR TO EXECUTE LWCF’S STANDARD
GRANT AGREEMENT, RE: MAX K. RODES PARK DEVELOPMENT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution authorizing the submission of a LWCF grant application to the Florida Department of Environmental Protection for funding towards the
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 18 WITH
POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement Amendment No. 18 with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for additional professional services required for permitting, construction, irrigation, and wetland enhancement plantings and monitoring at
ALLOCATION OF BUDGET FOR CATWALKS, RE: A. MAX BREWER MEMORIAL
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve allocation of $800,000 for the catwalks at A. Max Brewer Memorial Causeway Bridge; and to authorize the
for Budget Change Request.)
REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT
LIEN, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table the Special Magistrate’s recommendation for reduction of the accrued fine for Case #05-5315 from $13,850 to the reduced sum of $150. Motion carried and ordered unanimously.
REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT
LIEN, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table the Special Magistrate’s recommendation for reduction of the accrued fine for Case #05-2671from $400 to the reduced sum of $150. Motion carried and ordered unanimously.
REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT
LIEN, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table the Special Magistrate’s recommendation for reduction of the accrued fine for Case #06-1781 from $7,900 to the reduced sum of $750. Motion carried and ordered unanimously.
BOARD POLICY BCC-23, RE: TANGIBLE PERSONAL PROPERTY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve staff review of Board Policy BCC-23, Tangible Personal Property, and recommendation to retain policy as currently written. Motion carried and ordered unanimously. (See page
for Policy BCC-23.)
APPROVAL, RE: WRITE-OFF OF VARIOUS UNCOLLECTIBLE RECEIVABLES
IDENTIFIED BY BOARD DEPARTMENTS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve write-off of various uncollectible receivables identified by Board Departments. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint and/or reappoint Kelli Jo Strabley to the Animal Enforcement Dangerous Dog Hearing Council, with term expiring December 31, 2008; Darlene Hunt to Art in Public Places Advisory Committee, with term expiring December 31, 2008; Pat Shearer to Central Brevard Library Board, with term expiring December 31, 2008; Izeal Battle, Leartis Brothers, Reverend Melvin Chatman, Jackie Henderson, Jimmy Jackson, Betty Wells, and
Zola White to Cocoa West Community Center Advisory Committee, with terms expiring December 31, 2008; Antonio Rovira to Community Action Board, with term expiring December 31, 2008; Reverend Edgar Buckner and Luella King to Community Development Block Grant Advisory Board, with terms expiring December 31, 2008; Bud Crisafulli and Roger Draybyk to Contractor’s Licensing Board, with terms expiring December 31, 2008; Sharon Hayden and Marilyn Hooper to Country Acres Advisory Board, with terms expiring December 31, 2008; Bob Champaigne and Jim Durocher to EELS Program Recreation and Education Advisory Committee, with terms expiring
December 31, 2008; Liz Alward to Employee Benefits Advisory Committee, with term expiring December 31, 2008; Rocky Randels and Amy Tidd to Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2008; Douglas Hendriksen, Shirley Kidd, and Bob Swenson to Historical Commission, with terms expiring December 31, 2008; Carol Hurst to Library Board, with term expiring December 31, 2008; Doug Jaren, Jim Mazza, Rick McCrary, and George Reynolds to Marine Advisory Council, with terms expiring December 31, 2008; John Campbell, Vicky Fischer, Dorothy Hill, Ray Hoffman, Kathy Jarrell, William Parlon, Hank Salvin, and Albert Thomas to Merritt Island/Beaches Service Sector Advisory Board, with terms expiring December 31, 2008; Steve Carberry and Marcus Herman to Merritt Island Redevelopment Agency, with terms expiring December 31, 2012; John Anderson to Metropolitan Planning Organization Citizens Advisory Committee, with term expiring December 31, 2008; Joyce Gordon to Mims/Scottsmoor Public Library Advisory Board, with term expiring December 31, 2008; Constantine Daniel to Port St. John Public Library Advisory Board, with term expiring December 31, 2008; Mel Mueller to Veteran’s Memorial Park Advisory Board, with term expiring December 31, 2008; and Mary Hillberg to Zoning Board of Adjustment, with term expiring December 31, 2008. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously. See pages
for List of Bills and Budget Change Requests.)
PUBLIC COMMENT, RE: BOB REIMAN – WASTE MANAGEMENT
Bob Reiman stated he has comments regarding Waste Management and the new way of handling waste; the Board received a lot of feedback; and the citizens basically conveyed “if it ain’t broke, don’t fix it.” He stated he heard the same comment in the back of the room today; it is a popular phrase; and he understands it and supports it because making changes just for the sake of change is really frustrating. He stated that phrase can be a dangerous phrase in terms of the future because things change incrementally and it does not seem like it is impacting anything and then all of a sudden a person realizes that he or she has lost options. He advised things are changing; gasoline prices are going up, global warming is taking place, and things that work now will not work in the future; and encouraged the Board to be watchful to the things that can sneak up and bite in less appropriate places. Mr. Reiman stated he was looking on the Internet, someone sent him one of those things where he could look down from Space and look at the Earth, and this was aimed at global warming; it is a slippery subject as people are still trying to decide if it is really happening, what is causing it, and all of those types of things; but being from Massachusetts he took a look at it to see what it was projected to do to Cape Cod and the areas near his home. He advised he has a
home in
Chairman Scarborough stated this is very interesting and Mel Scott also has property on the beach; he looks at the issue a little more personally than someone on the mainland; but he has never seen anything come down in the planning documents indicating what would happen if global warming does occur and the loss of property. He advised he has looked at the maps and
Mr. Reiman stated the Board has one thing that future boards will not have and that is lead time; if the current Board does not do it, the future representatives will curse it; and that cannot be dealt with by the Board alone. Chairman Scarborough suggested that Mr. Reiman talk to Mr. Scott and put together a letter addressed to Department of Community Affairs (DCA) or something like that, and just ask what is the State doing and what is it planning to do in this regard. Mr. Reiman inquired regarding the previous discussion about the
Commissioner Voltz stated there has been a lot of controversy over global warming, and she is not an expert on it, but for as many people who support it there are as many scientists who say that it is a farce. She stated she does not know how many resources the County wants to spend on something until someone actually comes out with more specific information. Chairman Scarborough stated he is not an expert but he has seen maps and stuff like that; and he feels that a response from an agency that has the responsibility for the entire State may be a way for the question to be posed rather than at the local level. Commissioner Bolin stated the County has done a lot of modeling for water and flooding as far as the Emergency Management end of it; it is nothing to do with the global warming; but through that Department there are a lot of visual maps and statistics.
PUBLIC COMMENT, RE: MARLENE ADAMS - NON-AD VALOREM SPECIAL
ASSESSMENT
Marlene Adams stated she does not really have anything to discuss as far as issues go except for what was tabled today; and inquired if it was Item VII.A and her item VIII.E.3. Chairman Scarborough responded the Board did not table her issue because only she can request that; stated her item is still on the Agenda; and she will be heard if she is still at the meeting. She stated there are three issues on the Agenda relating to the fire assessment; if one is delayed she suggests tabling all three items; and otherwise she wants to proceed today. Chairman Scarborough advised Ms. Adams has a Citizen Request; and only she can remove that from the Agenda. Chairman Scarborough inquired what the other item was that was removed from the Agenda; with County Manager Peggy Busacca responding Item VII.A is a contract for the consultant to review the Fire Special Assessment. Chairman Scarborough advised that item will be heard next Tuesday at 9:00 a.m. Ms. Adams inquired if Item VIII.E.4 is still going to be heard today; and if that is the case she wants to proceed with her item today. Chairman Scarborough inquired if Item VIII.E.4 will be continued until February 12, 2008; with Commissioner Nelson responding he would move that one to February 12th as well.
AUTHORIZATION TO AWARD CONTRACT TO BURTON & ASSOCIATES, RE:
CONSULTANT SERVICES TO REVIEW/REVISE FIRE SERVICE SPECIAL
ASSESSMENT
Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to table the Selection Committee’s recommendation to award a contract to the best-ranked firm of Burton & Associates to perform a review and evaluation of existing fire assessment methodology to February 12, 2008. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RATIFICATION OF
ORDINANCE NO. 2006-09
Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to table consideration of permission to advertise a public hearing to ratify Ordinance No. 2006-09 to February 12, 2008. Motion carried and ordered unanimously.
PUBLIC COMMENT, RE: MARLENE ADAMS - NON-AD VALOREM SPECIAL
ASSESSMENT (CONTINUED)
Chairman Scarborough stated the only item remaining is Ms. Adams Citizens Request. Ms. Adams stated if it is the Board’s desire for her to wait until next week, she can do that; there are some unanswered questions; and she would like to be given an opportunity to speak. Chairman Scarborough stated hopefully the Board will have more information and it can make a better discussion.
PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND
ADOPTING
PURCHASE AND IMPROVEMENTS MSBU
Chairman Scarborough called for the public hearing to consider a resolution accepting improvements and adopting final assessment roll for Tangle Run Boulevard Purchase and Improvements MSBU.
There being no objections or comments heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution accepting improvements in The Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit; to adopt the final assessment roll; to establish the procedure for the collection of assessments; to establish an interest rate; and to establish an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 08-027.)
PUBLIC HEARING, RE: ORDINANCE FOR ECONOMIC DEVELOPMENT TAX
EXEMPTION FOR VITOL SEAPORT CANAVERAL, LLC
Chairman Scarborough called for a public hearing to consider an ordinance for economic development tax exemption for Vitol Seaport Canaveral, LLC.
There being no objections or comments heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance for economic development tax exemption for Vitol Seaport Canaveral, LLC to February 19, 2008. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF HAMMOCK
TRAIL RIGHT-OF-WAY – HONEYCUTT & ASSOCIATES, INC.
Chairman Scarborough called for the public hearing to consider a resolution vacating a portion of Hammock Trail Right-of-way as petitioned by Honeycutt & Associates, Inc.
Chairman Scarborough inquired if this item is ready to proceed or not; with Transportation Engineering Director John Denninghoff responding he does not recall if Chairman Scarborough was at the meeting when staff was discussing the possibility that the developer might want to continue this item; and stated the developer does want to continue the item until February 19, 2008. Mr. Denninghoff advised all of the issues and concerns raised as of the last Board meeting have been resolved. Chairman Scarborough stated the questions of the citizens have been answered but there are other issues to be discussed. Mr. Denninghoff stated there is a phasing issue; the developer wants to phase the project; it needs to dovetail with the vacating effort; legal descriptions will have to be done a little bit differently than they are done right now; and it will be modified and staff will bring it back to the Board on February 19th.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to continue the public hearing to consider a resolution vacating a portion of Hammock Trail right-of-way to the February 19, 2008 Board of County Commissioners meeting. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: GOVERNMENT ACCESS CHANNEL CHANGE – BRIGHT
HOUSE
Chairman Scarborough stated each of the Commissioners had the opportunity to speak with Bright House. Commissioner Bolin stated in reading the letter she received from Deputy County Attorney Shannon Wilson, it seems there is no legal action the Board can take to make Bright House stay on Channel 1 or 99; and inquired if that was true. County Attorney Scott Knox responded that is correct. Commissioner Bolin advised she got a box, had it installed, and she and her husband are using the box; and her husband can watch her on television today. Commissioner Nelson stated the Florida Association of Counties is considering class action litigation; he would like for the Board to be part of that if they do move forward; what Bright House has done is wrong; it was a choice
decision; and they are not being good citizens of
participate in that process because this is just wrong; Bright House is doing this
because of greed; and it is not being done for community service.
Motion by Commissioner Nelson, to direct if the Florida Association of Counties proceeds with class action litigation that
Chairman Scarborough inquired if Commissioner Nelson could hold the motion; stated he spoke with Teresa Jacobs on the telephone; she sent a letter; and it is basically saying the same thing. He noted there are other Commissioners’ lights and he will recognize him after the discussion; and he agrees with Commissioner Nelson.
Commissioner Voltz stated Florida Association of Counties is in the process of doing something; she does not think Bright House is being bad community neighbor; it has done what the State has allowed it to do; and it is one of those things that the County might not always agree with what the State does but nevertheless it is done. She stated the majority of the Board does disagree with Bright House’s decision; and it needs to move forward with whatever the Florida Association of Counties decides to move on with. Commissioner Bolin stated she wants to make sure that there is no money taken out of
County Attorney Scott Knox stated he does not have a problem asking his office to participate in the lawsuit, however he wants to make it clear in the motion that it is only if Brevard County qualifies as a party that would be subject to the class action. He advised there are some counties that have filed suits but all provisions in the franchise agreement say that these companies cannot move the stations; but
Commissioner Scarborough stated Teresa Jacobs with the Florida Association of Counties told him her thought is it is more than just 200 boxes; the access to a Board meeting should be where it is clearly available; and some people do not know where the channels are. He advised Ms. Jacobs wanted to come to Brevard County but he got a letter faxed to him yesterday from her that said she could not make it; she does have a passion for this issue; she is Brevard County’s leader with the Association of Counties; she would like to speak with the Board; and she would like to engage in the thought process of how the Board deals with issues at the local level. He stated sometimes the law is horrible; just because it is the law does not mean it makes any sense at all; and sometimes it grabs a person as just being wrong. He stated when Ms. Jacobs is available he would like for her to come over to
needs to be open to the thought process; he wants the County Attorney’s Office to continue to research and advise the Board on the issue; and for SCGTV/Communications Director Kimberly Prosser to help in watching everything that is going on would be very beneficial. Chairman Scarborough stated he was at the Birding Festival and two people come up to him to talk about this issue; and there may not be a room full of people present today but there are a lot of people who do not think that it is right to be precluded from knowing what is going on in the government.
Commissioner Nelson withdrew his motion.
Commissioner Nelson stated his concern with Bright House is it almost tried to blame it on the State; it has hinted that this is part of the transition and it is being forced to do it; but it came down to a corporate decision to move it away from where it was; and State Law and Ms. Wilson’s memorandum clearly stated that. He stated in his own office he cannot watch the Government Channel because it requires a box; his staff listens to what the Legislature says; Bright House has done a disservice to the community and that was wrong; and he wants to see what Ms. Jacobs has to say and where the Florida Association of Counties wants to go.
Chairman Scarborough stated he would like to write Teresa Jacobs a letter telling her the Board appreciates her leadership in this regard and it looks forward to hearing further from her and the advice of the Association of Counties of how to proceed.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to Teresa Jacobs of the Florida Association of Counties advising of the Board’s interest in the class action suit and in the public having access to televised government meetings, including the Board of County Commissioners meetings. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL, RE:
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant final plat approval for Lake Andrew Drive Extension, Phase 1, subject to minor changes, if necessary, receipt of all necessary documents required for recording, and developer responsible for obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE: ORDINANCE
AMENDING ZONING REGULATIONS GOVERNING ACCESSORY
STRUCTURES
Commissioner Nelson stated this seems unnecessary; his understanding is there are only a couple of these a year; and while respecting the Board of Adjustment does not
want to see them, he does not know if it is a huge issue. He stated there is a larger downside to changing it than there is dealing with it the way the County currently does; and he will not support the item.
Commissioner Bolin stated it is not necessary to make a change at this time on this Ordinance. Chairman Scarborough stated he is hearing no motion.
PERMISSION TO FILE INJUNCTION, RE: BREVARD
Commissioner Voltz stated she would like to hear what Commissioner Colon has to say about the item. Commissioner Colon stated it is not her issue. Commissioner Voltz stated it is in her district. Commissioner Colon advised it does not matter as it is not her issue.
Permitting and Enforcement Director Ed Lyon stated staff is asking to move forward with an injunction on this particular property; they are operating a doctor’s office in a residential area without the proper zoning; and it is staff’s understanding that they do not have the proper business receipt for this operation.
Commissioner Voltz stated it says Mr. Gayden has applied for rezoning from RU-1-11 to RP; that will be coming back before the Board; but the problems are probably going to still be the same as they are now. She stated she wants to put in the record that the problems that Mr. Gayden has currently will still continue even if the zoning is changed.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant permission to file an injunction on behalf of Brevard County Code Enforcement against John M. Gayden, Jr. Motion carried and ordered unanimously.
APPROVAL OF FINANCIAL EXPANSION OF EXISTING FDOT JOINT
PARTICIPATION AGREEMENT AND AUTHORIZE COMMERCIAL
PAPER LOAN, RE:
Assistant County Manager Mel Scott stated this is an item that proposes to increase the Joint Participation Agreement that the County has with FDOT regarding the construction of a 20-unit T-hangar project at the Valkaria Airport; the Board approved the Joint Participation Agreement in October 2006; since then costs have increased; staff does have the bid price in hand; and staff needs to expand the Participation Agreement, which is 80% covered by FDOT and 20% from the County, from the previously approved number of $800,000 to $1,000,000. He advised this will bring the debt that the County
will have in constructing the T-hangar to just less than $200,000; there is a 4.5% Commercial Paper Loan interest rate; it is calculated at 60% occupancy; even with 130 people waiting to lease a hangar, the County would be in a position to cover those payments at just 60% occupancy; and staff feels good about the numbers.
Commissioner Nelson stated this is in the Master Plan and the numbers are fairly close; after the Board approved the Master Plan it was clear that there were some differences in the operating budgets; it all comes back to the basic operation first and then as the County does the capital improvements, it is based on the ability to operate the airport and make sure it is making the numbers; to this date he still does not have the information he feels comfortable with in terms of where the County is today after four months of operation; inquired if revenue and expenditures in the current operation are sufficient to give a comfort level that it can then make the commitment to a capital improvements project; and stated until he sees those numbers he is not going to support the item. He advised he wants to see the detail of the operating budget so he has the assurance that where the Board is today physically with that operation is in line with what has been said; and then he would be willing to taking a look at moving forward with it but he has not seen those numbers.
Valkaria Airport Manager Stephen Borowski stated regarding the Board’s questions about the budget, the income is in the budget right now; he has not looked at it in the last couple of weeks; but it is probably in the vicinity of about $50,000 for the year so far. He stated the total income for the airport, off of the top of his head, is about $170,000 for the year; the incomes the Board has to look at include grant incomes; if the Board is concerned about the fuel revenues, those have come down; the Airport has not sold as much fuel as normal; and normally about 8,000 gallons are sold every six weeks. He stated he will be receiving new fuel this week; it took approximately eight weeks to sell it out; and that has caused a change in the income. He advised the hangar project improves the operating budget the numbers will only increase the operating income; at a hangar rate of $210 a month, the County will make $20,400 after expenses; that includes a $21,000 principal and interest payment on the Note; so the Note is being paid and there will still be an increase in operating income. He noted it is a pretty positive picture.
Commissioner Nelson stated the Board has not approved the $210 monthly hangar rate; Mr. Borowski cannot tell the Board today exactly where the Airport is on its fuel; the last thing in the world he should ever do is come before the Board and ask for General Fund money; and Mr. Borowski knows that. He advised if the Airport wants to have a level of credibility with the community, Mr. Borowski will have to have the level of detail so that every time he appears before the Board he can say exactly where he is at that moment in time; it is a concern that Valkaria Airport always operates off of its revenues; he honestly believes it will do that; Mr. Borowski has to show that to the Board; and it has to be a part of every Agenda item that comes forward. He noted he was frustrated after the
CIP because he could not match up the operating budget with the budget Mr. Borowski submitted, not that it was wrong but it was different; Mr. Borowski changed the concept; and it went from contracted labor to employees. He stated Mr. Borowski needs to bring him up to speed; whatever the rest of the Board wants to do is fine; and he needs to have those numbers because it is such a fine line that if the gas sales do go down too much then suddenly there are problems with other debts incurred at the Airport. Commissioner Nelson stated he understands it can be looked at as a free-standing project, but that would be short-sighted, at least from his perspective.
Mr. Borowski stated right now in the Airport budget he believes there are $75,000 in reserves; at the new fiscal year there was a cash forward in the range of $130,000; the Airport has done fairly well there; the Airport traditionally in the last eight years either makes a maximum of $20,000 or it loses up to $10,000; but it has not hit the General Fund since 1995. He stated the hangar rents being received right now are very solid; there has been 100% occupancy rate for many years; that takes care of a lot of the Airport expenses; so even with the fuel decrease, because of the prices of the fuel, he sells the fuel out and it will not affect the operational budget.
Commissioner Nelson stated what Mr. Borowski is telling the Board is that the County does not need to borrow the money if those kinds of reserves are out there; that is what the Board needs to look at; and inquired how it all fits together. He stated when the Board is going to make this decision and commitment it can tell its citizens it has made a good business decision. Mr. Borowski stated with $75,000 in reserve and asking for a Note, by looking at it with an operating income of $22,000 plus after expenses, that is a pretty good position; the way the Note would be used once the project starts has not been determined exactly; and he knows it says $1,000,000, but probably more realistically the County would go out and get a $500,000 loan because he does not expect to spend more than that. He stated the County will get reimbursed as soon as a payment is made; if there is a milestone payment of $200,000 at the beginning of the project, and it is a seven-month project, if there is another milestone payment two months down the road, that is what the County will really be paying; so as soon as the project is completed the County will have 80% of that back. He stated then the Airport would have a $20,000 Note at 4% or so interest, making $20,000 a year of operating income.
*Chairman Scarborough’s absence was noted at this time.
Commissioner Voltz stated she is not sure where Commissioner Nelson gets the issue with the credibility of Mr. Borowski with the community because that credibility is only actually questioned by one or two people in the community who obviously visit his office on a regular basis or at least speak with him; those two people have no credibility whatsoever; so for them to be questioning Mr. Borowski’s credibility is unbelievable. She advised Mr. Borowski has run the Airport in an excellent manner for a number of
years; the finances are there; if the Board wants to talk about a money loser it should talk about the golf courses; and the General Fund pays a lot of money into the golf courses. She stated Mr. Borowski has not come back to the General Fund, and the
General Fund has paid plenty of money on the golf courses; the citizens do enjoy the golf courses and the Board should support them; but to insinuate that Mr. Borowski has not done a good job financially is wrong. Commissioner Voltz noted there are those in the community who continually badger the Airport; she does not know what it is that every time some issue comes up on the Airport that Commissioner Nelson is on the defense about how horrible the Airport is; and she does not know who he is listening to but it is just not so. She advised she supports moving forward with the issue because the hangars will be filled as soon as they are built; every time she speaks with someone at the airport he or she wants to know when those hangars will be done because he or she wants to put airplanes in those hangars; and inquired how many hangars are on the apron at the Valkaria Airport; with Mr. Borowski responding 24 hangars. Commissioner Voltz inquired if those 24 might want to move into the new hangars; with Mr. Borowski responding some of them will want to move into the new hangars; he stated no one has made that determination if those people get the option to go in there or not; the new hangars will be at a premium compared to the old hangar price; but as it states in the Agenda Report, the Rates and Charges Adjustment Plan (RCAP) Program has to be done. He advised the RCAP Program will tell the County what fair market value is; and if someone should want to go from the old hangars to the new hangars that question can be answered. Commissioner Voltz inquired how much are the rates of some of the other hangars in the community compared to
Commissioner Colon stated the Board has had this item for about a week; staff obviously briefed all of the Commission offices; and inquired if Commissioner Nelson specifically requested numbers that were supposed to be brought to the meeting today. Mr. Borowski responded County Manager Mel Scott briefed Commissioner Nelson. Assistant County Manager Mel Scott stated it is his responsibility; he had a briefing with Commissioner Nelson about ten days ago; he tried to take the thoughts of Commissioner Nelson and incorporate those into the Agenda item; there were questions relating to the Note, information about the detail, information regarding the comparison price, and more detail regarding the Agenda request as it relates specifically to the Master Plan; but he did not get the piece of detail in his notes. Mr. Scott advised he apologized to Commissioner Nelson yesterday regarding the budget picture of the Airport in its entirety and comparing and contrasting that or setting that up as a background piece of data for this particular item moving forward. Commissioner Colon
inquired if those questions were asked of Mr. Scott yesterday; with Mr. Scott responding they were asked about ten days ago. Mr. Scott stated he took notes; he did his best to respond to Commissioner Nelson’s notes; and he is taking responsibility for not having that piece of data in the Agenda because his notes did not accurately convey all of the questions. Commissioner Colon advised it is not that Mr. Borowski does not have those numbers; and it is that there was not enough time to get those together that were requested. Mr. Scott stated yesterday the spirit of the discussion was that even if theoretically there was some question about the operations of the Airport in general and its budget, this on its face seems to be a slam dunk; this is the kind of amenity for the Airport that is consistently what is actually banked on as far as revenue; when there are 130 people on a waiting list and proposing to add 20 hangars, that is the revenue; and even if gas prices dip as a reflection of cost, this kind of amenity on an airport tends to be a constant. Commissioner Colon advised perception is everything; and she wants to make sure that was not the perception to the community that a Director was in front of the Board and not prepared; Commissioner Nelson would appreciate, being a former Director himself, that questions are asked behind the scenes; and when a Director comes before the Board he or she is prepared to give those numbers to allow the Board to make a more intelligent decision. She stated she is extremely pleased with the job Mr. Borowski has done at
Commissioner Nelson stated he began asking for this information after the CIP when it was approved by the Board months ago; this was not intended to be against Mr. Borowski; the other Commissioners have personalized it; golf courses were a terrible idea because it was based on the fact they were going to make money; and they never have made money and never will. He stated it was not a decision he made, so if it was a slam at him, Commissioner Voltz missed. He stated the bottom line is that any Director should be able to tell the Board how he or she is doing in terms of the budget. He inquired how often Mr. Borowski checks how much fuel has been sold at the Airport; with Mr. Borowski responding every week. Commissioner Nelson stated Mr. Borowski should be able to tell the Board how he is doing on fuel sales based on previous history; that is running a business; if the rest of the Board does not want information on the businesses the County runs, that is fine; but he thinks it is important and wants to see that. He advised when the Agenda Item came before the Board ten days ago the rental fee was $240; he pointed out at that time it was not consistent with the SCIP; he goes back and looks at the information because he wants to make sure it is correct; and he is not going to apologize for asking for a level of detail sufficient to make a decision.
Commissioner Voltz stated when she spoke of the golf courses and the General Fund she specifically spoke about the General Fund money going to the golf course, but if the
shoe fits wear it. She stated Mr. Borowski has done an excellent job of managing his budget, probably the most efficient budget of all of the departments in the County; she
does not know what is taking Commissioner Nelson so long to get those numbers but those are readily accessible; and she does not want anyone to think the numbers are trying to be hidden from anyone.
Mr. Borowski stated if the Board is concerned about the Airport not making money because of the possible lack of fuel sales, he sells about 8,000 gallons on the average every six weeks; he answered Commissioner Nelson’s question today that he is now selling that amount every eight weeks; it cannot be done to the day or even the week because it does not work that way; but it is taking eight weeks to sell approximately 8,000 gallons. He stated if Commissioner Nelson is concerned about the fuel sales going down to zero, one thing the Board may want to do is invest in projects that make more money for the Airport and bring in operational income; there is a project in front of the Board right now; and he does not know how it could be a better project for the County to bring in hangars that would still make operational income regardless of the fuel sales. He inquired if the fuel goes away 100% does the County close the Airport or give it back to the FAA; and stated the project is a way to make dollars for the Airport.
Commissioner Colon stated all of the Assistant County Managers are good about briefings to provide all of the data that the Commissioners request; each Commissioner has a right to vote for or against something based on however he or she feels; and there is no criticism on her part towards any Commissioner. She stated she wants to make sure that the respect and courtesy is given to every Director who comes before the Board; and she does not think that is asking a lot.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a financial expansion of existing FDOT Joint Participation Agreement (AOW88) to design, engineer, and construct 20 new T-hangars at
ASSIGNMENT OF OPTION FOR
CONSERVANCY, AND AKHTER HOSSAIN AND AZIZUR HOSSAIN, RE:
PROPERTY ALONG NORTH AND SOUTH SIDES OF
Environmentally Endangered Lands Manager Mike Knight stated the item is before the Board today because it is the last acquisition that has been in the pipeline through the
EEL Program; it will be the last opportunity to look at this particular contract before staff runs out of time to prepare the due diligence prior to closing; and staff felt it should be brought to the Board to decide how it wants to handle the item.
Commissioner Voltz stated the item is in her district; her office did get a letter from the Town of
Commissioner Colon inquired if staff has a problem with this particular piece of property; with Mr. Knight responding no. Commissioner Colon stated she wants to make sure of staff’s recommendation, which is important.
Commissioner Nelson inquired how this property is different from what the County went through with the Ag Ventures property; stated there is an appraisal, purchase price, and former sales price that was done during the height of the boom; it was $85,000 in the height of the boom; the County will be paying $98,000 with an appraisal of $115,000; and that is the same scenario described in the Board’s last meeting when it was unable to purchase the Ag Venture property. Commissioner Voltz advised Mr. Knight is going to get an updated appraisal. Commissioner Nelson stated it did not matter with the last
issue because the County was not buying it above appraisals; those were done at or below appraisals; the issue became the market is falling and therefore there must be a better price; and that is why the Board is having a workshop. Commissioner Nelson inquired why this piece of property is not being held for the workshop. Commissioner Colon stated the Board can table the item. Commissioner Voltz stated if it is tabled, it will be a dead deal. Mr. Knight stated it is likely because of the timeframe, if it is being held off until the workshop, it would not allow enough time to complete the transaction, get it back to the Board, and still have time to close on it; and it would likely have to be renegotiated. Commissioner Colon stated she was under the impression that Commissioner Nelson wants the property to be held. Commissioner Nelson stated it will have the same impact whether it is tabled or not; and inquired what is the date of the option. Mr. Knight responded the June 20, 2008 date takes into account an extension if the Board approves the option; so if the Board does not approve the option, then time runs out on March 22, 2008. He stated typically the time to produce the survey and other due diligence needed prior to closing would be a minimum to 45 to 60 days, and the surveys are running nearly 90 days now.
Commissioner Voltz stated last year she and Mr. Knight went to the Town of
Commissioner Colon stated she is not comfortable going through with it; there are a lot of things the Board needs to look into; it is not being taken off of the table; but it definitely needs to be followed. She stated the Town of
Motion by Commissioner Voltz to execute Assignment of Option for
Vice Chairperson Bolin inquired with no action on this item what the outcome is. Commissioner Colon responded there is still an interest; the Board needs to make sure all of the appraisals are up-to-date, and where the dollars go; and all those questions asked today need to be answered and brought back at a future meeting. Vice Chairperson Bolin advised there was no action taken on the item but staff has direction.
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE NOTICE OF PUBLIC
HEARING, RE: PROPOSED ORDINANCE AMENDING
CODE SECTION 106-5, WRECKER AND TOWING SERVICES ORDINANCE
Commissioner Colon stated she realizes this could get out-of-hand, people can charge whatever they want, and it could be out-of-line of what is normal and customary; and inquired how the County can monitor towing charges but cannot monitor rent or a number of other things. County Attorney Scott Knox responded in the case of rent there is a Florida Statute that says the Board cannot do that; he is not sure if it is a case or Statute; but in this case he does not think there is anything preventing the Board from doing that; and under Home Rule authority, if there is nothing stopping the Board from doing that, it can do it.
County Manager Peggy Busacca stated this is for when an individual is incapacitated and has been rushed to the hospital; the issue came up where people were getting charged very large amounts by the towing companies; because a person in that situation was not able to speak for themselves, the Statute was provided that the County should put in place a maximum amount so people would not have the unpleasant experience of waking up and finding out his or her car had been towed and it was thousands of dollars instead of one hundred dollars; and the County is actually required to do it by a certain date because of the Florida Statutes. Commissioner Voltz stated the violations will be prosecuted in the same manner as a misdemeanor; and inquired if that will clog up the court system. Mr. Knox stated the Statute that provides for enforcement of
Commissioner Nelson stated based on the way it is now if it is not changed, it is unenforceable. Mr. Knox stated the Sheriff is in the better position to find these guys and cite them. Commissioner Nelson stated if it is a simple billing mistake then those get corrected and never end up in court; and this is only the ones that knowingly and intentionally trying to do this to people.
Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize advertising a public hearing to consider approval of an amendment to the Wrecker and Towing Services Ordinance, Section 106-5 of the Brevard County Code that would allow the Office of the State Attorney to prosecute violations of said ordinance. Motion carried and ordered unanimously.
*Chairman Scarborough’s presence was noted at this time.
APPROVAL, RE: DESIGNATION OF BREVARD JOB LINK ONE-STOP
OPERATORS FOR PERIOD 2007 THROUGH 2012
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution approving contracted operators of the
2007 through 2012, as follows: The Kaiser Group for General Contractor Services and Arbor E&T, LLC for Targeted Services and Youth Services. Motion carried and ordered unanimously. (See page for Resolution No. 08-028.)
DISCUSSION, RE: NASA BUDGET
Chairman Scarborough stated NASA gave him some information on the budget. He stated there is a 1.8% increase; even in a non-inflationary year it does not keep things alive; there is within the Science Budget some redirection to concerns about the Earth; one of the objectives that was put in there is to do further analysis of the Greenland and Antarctic ice sheets; and there is shifting of Earth Science from deeper Earth Science to more directed to this Earth. He advised within the NASA budget there is $300 million less for the Space Shuttle; that could be reflected in less launches; the other thing is the movement from almost three billion to less than one hundred million and then to zero for the Space Shuttle moving from 2010, 2011, and 2012; so the County’s efforts are most important. He stated he heard that because of what the Board is doing there have been calls from
Upon motion and vote, the meeting adjourned at 11:14 a.m.
ATTEST:
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TRUMAN
BOARD OF
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SCOTT ELLIS, CLERK
(S E A L)