MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 25, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 25, 2008 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend John Hill, Suntree United Methodist Church, Melbourne, Florida.

 

Commissioner Bolin led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the August 28, 2008 Special Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated previously the Board had staff recognition in this slot; what he wants to do is instead of having it scheduled on a regular basis is to allow individual Commissioners, if he or she wants to recognize staff, to place it on the Agenda; from time-to-time staff’s work schedules and things did not allow the Board to do that; and that is the way the Board will handle that in the future.

 

 

 

County Manager Peggy Busacca stated Clayton Bennett, who is the applicant on Items VII.A and VII.B, has requested that the items be tabled and rescheduled to the December 2, 2008 meeting; in light of that, Item VII.C is related; and staff would like the opportunity to reschedule that to the December 2, 2008 meeting as well.  She advised that would be Unfinished Business Items relating to access waivers and clarification of wetland regulations.

 

Chairman Nelson stated he had the opportunity to talk with Mr. Bennett; he appreciates the fact that he was willing to do that because there were some issues there that has Countywide ramifications; and he wanted to make sure the Board got it right. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to table Item VII.A, Access Easement Waiver to Section 62-102(B)(2)(b), for Clayton Bennett; Item VII.B, Access Easement Waiver to Section 62-102(B)(2)(b)(8), for Clayton Bennett; and Item VII.C, Clarification of Wetlands Regulations for Comprehensive Plan, Conservation Element Policy 5.2.E.1., and Chapter 62, Article X, Division 4, Wetland Protection Code, Section 62-3694, Permitted Uses.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca stated that she would like permission for the use of the County Seal at the Embraer groundbreaking ceremony; that Seal would be used with the other seals for the partner, including the State of Florida, Economic Development Commission (EDC), City of Melbourne, and Melbourne Airport Authority.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to grant permission for use of the County Seal at the Embraer groundbreaking ceremony, to be used along with other seals, including the State of Florida, Economic Development Commission (EDC), City of Melbourne, and Melbourne Airport Authority.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox stated he needs to seek the advice of the Board on litigation of Roberts v. Brevard County; and he would like to do that at the next regular meeting at 11:30 a.m.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve scheduling an executive session for Roberts v. Brevard county to the December 2, 2008 Board meeting at 11:30 a.m.  Motion carried and ordered unanimously.

 

 

Commissioner Anderson stated the previous Commissioner in District 5 had an office retained in this building; he no longer wants that office as he does not need it; and he did not know if the other Commissioners wanted to share it as a common room for those Commissioners who have to travel to Viera. 

 

Chairman Nelson stated the Board will take that under advisement; and requested County Manager Peggy Busacca to get back to the Board with where the office is located and how the other Commissioners can have access to that.

 

 

Commissioner Anderson stated he and Chairman Nelson went on an informative tour; a lot of the agricultural operations are located in the District 5 area; the pressures these families are under to maintain their way of life and maintain their businesses are tremendous; and he wants for his office, and hopefully the Board as a whole, to do everything it can to support them to help them continue as much as possible.

 

Chairman Nelson stated it was an informative tour; one of the things that struck him is how rapidly they can respond to changing markets; the plats have gone from sod to collard greens in a period of just weeks; and it is the result of the damage caused by Fay and the downturn in the economy.  He advised it is amazing how tech it is, how they lazer grade fields and put down rye seed with airplanes, and he was amazed. 

 

Commissioner Anderson stated the rye seed was incredible they were talking about the airplane being eight feet off of the ground when it flies; the agricultural people are adapting as fast as possible; but it contributes so much to the economic development in Brevard County that the Board needs to be vigilant of the pressures they are under.

 

Chairman Nelson stated one of the tidbits he thought was interesting is that 25 percent of the land mass of Brevard County is on the other side of the St. Johns; people tend to forget that; people tend to think that the County line is the St. Johns and that is true for a portion of the County; but when getting into the south part, there is a sizable portion, and most of that in agricultural, that is on the other side of the river. 

Commissioner Anderson stated he wanted to pull Item III.A.1, Federally Funded Subgrant Agreement with State of Florida, Division of Emergency Management, Re:  Crane Creek Near Lamplighter Village, from the Consent Agenda for discussion.  Commissioner Infantini stated she would like to pull Item III.C.1, Approval, Re:  Purchase of Tires Utilizing Florida Sheriff’s Association Bid, from the Consent Agenda for discussion.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to execute Binding Development Plan Agreement with William R. and Vicki J. Orndorf for property located on the west side of Palomino Road, approximately 290 feet south of Arabian Court.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to execute Interlocal Agreement with City of Rockledge for repairs at the Barnes Boulevard and Admiralty Boulevard intersection; and authorize the Chairman to execute any needed Budget Change Requests necessary for this action.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the sole source acquisition and installation of clarifier equipment from Siemens Water Technologies Corporation for a price of $119,350; and approve budget changes needed to transfer funds from 4250 (Capital Reserves) to fund 4254 (Capital Improvement Program).  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the Environmental Reviews conducted for five (5) replacement homes being constructed under the 2005 WILMA Supplemental Disaster Recovery Grant; and authorize the Chairman to sign the Statutory Worksheet and Form 7015.15, “Request for the Release of Funds” from the Department of Community Affairs.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the allocation of $150,000 of State Housing Initiative Partnership (SHIP) funds as the required local contribution for a tax credit development for affordable senior citizen rental housing being developed by Silver Sands Melbourne LP; and authorize the Chairman to execute the Silver Sands Contract, and all subsequent contracts and amendments, for future tax credit projects selected by the State of Florida and requiring local government contributions, which have been approved by Risk Management and the County Attorney.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution and executed Utility Easement Deed and Bill of Sale to the City of Palm Bay for the Utilities at Palm Bay Regional Park.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the proposed 2009 Board Meeting Schedule.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously. 

 

Commissioner Anderson stated he spoke with the Natural Resources Management Office; this item ties in with the whole issue that Lamplighter Village had with severe flooding; he asked Natural Resources Management how it may tie in with the I-95 Project for that drainage; and staff has an update for the Board.

 

Natural Resources Management Director Ernie Brown stated this is the first of many meetings that this particular topic will be discussed.  He stated Tropical Storm Fay took its toll on Brevard County as it relates to flooding in many areas; every district was impacted; Lamplighter Village was the most visible of those; but he cannot leave out the areas of West Cocoa, North Merritt Island, Melbourne, and many others that were impacted by the significant flooding event.  He advised there was particular attention on Lamplighter Village; Governor Crist was in Brevard County twice working with that group of constituency; there are about 700 homes in that area that were impacted; there were about 165 that were actually flooded out as a result of those rain events; the outcome of that was pretty hard pressed to make a connection underneath I-95, which is series of culverts; staff has had planned for a project in that area for a number of years; but the revenue was not there to make that happen.  He noted the Governor, local Delegation, and Federal Delegation got involved in the process to dilute the Department of Emergency Management and FEMA to the table to focus on those priorities; staff has been very successful in getting those things aligned; it is a very time consuming process to get all of the players, Florida Department of Transportation (FDOT), Department of Emergency Management, FEMA, and St. Johns River Water Management District (SJRWMD), together; all of the players have actually coalesced into a united front that staff anticipates to have permits in hand from early to mid-December to get that project moving forward.  He stated what it does involve is a number of 48-inch pipes pushing underneath I-95 next to the existing culverts; but that would provide the immediate relief for that area to go from the east side to the west side of I-95, which is critical as I-95 serves as a major preventer; and that is step one of a process that staff needs to keep moving forward on.  He explained there are probably anywhere between $5 million to $7 million worth of additional work that needs to be done up in that watershed to insure that that community is protected; it is the linchpin to making all of that happen; and nothing else will work effectively without getting that through there.  He stated staff is moving forward; every indication staff has from its consultants, FEMA, Department of Emergency Management, St. Johns River Water Management District, and FDOT is that those pipes will be in place and ready to provide that relief in advance of next hurricane season, which was the goal; and it is a lot of heavy lifting, but things are coming together.

 

Chairman Nelson inquired how the Lamplight pipe scenario differs from the Stratford issues that the County has, because it is basically water that backed up under I-95; with Mr. Brown responding West Cocoa is different primarily by distance; stated Lamplighter is right next to I-95; pushing underneath I-95 allows it to flow to the other side as it is closer; West Cocoa/Stratford area has a very long run to get underneath I-95; and it is a distance phenomenon.  He explained the West Cocoa/Stratford area is also a problem does not have a very clean fix; there is a lot of heavy lifting that is going to be required to move that water off; and staff is working diligently on that looking for not only design revenues but implementation revenues as well.

 

Chairman Nelson stated he knew the answer but he wanted to make sure that the citizens had an opportunity to hear because the logical question is why is the County putting pipes in one location that flooded and not in another location that flooded; and the issues are different and it will come out in the report that Mr. Brown is preparing for the Board.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to execute Modification #1 of Contract 08HM-3G-06-15-01-031 between Brevard County as grantee and the Florida Department of Emergency Management.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated she would like to put it out to bid or have the opportunity to put it out to bid.

 

Chairman Nelson inquired what are the reasons that Fire Rescue would like to use this bid; with Fire Chief Neterer responding Fire Rescue would like to use this bid due to Florida Association of Sheriff’s; stated it is a Statewide bid; that Association issues a bid on a Statewide basis; it track numerous bidders and vendors; and staff feels historically and currently it offers the best price.  He stated if it is the desire of the Board to go out for bid, staff will be more than happy to do that. 

 

Commissioner Bolin inquired if the County goes with the State bid because of the volume that tires are bought it can receive the best price; with Mr. Neterer responding that is his understanding; and stated that Central Services Director Steve Stultz can speak to that to a greater level of detail that he can.

 

Mr. Stultz stated it is available for use for all State agencies, municipalities, and local governments; and there is an advantage to the volume pricing.  He stated that bid is actually with the tire manufacturers; the service is provided through local authorized distributors, and that would be entities such as Gatto’s, Goodyear, Firestone Stores, Tire Kingdom, and there are multiple manufacturers on those contacts; the Sheriff’s Association bid actually has Goodyear, Bridgestone/Firestone, and Michelin tires; and they have particular interest in Michelin tires particularly for rescue equipment and fire apparatus, which is available on the State term contract.

 

Commissioner Anderson inquired if Commissioner Infantini has more of a justification; stated he understands she has audit expenses; and further inquired if she has something to add to that that he does not see.  Commissioner Infantini stated it is her understanding that the bid was submitted a year ago, and at that time petroleum prices were 50 percent higher than today; and her concern is with petroleum prices decreasing that the County would be paying too high of a price at this time.

 

Chairman Nelson inquired when that bid will go back out again; with Mr. Stultz responding both the Sheriff’s Association bid and the State of Florida current terms agreement February 28, 2009; stated both of those bids has price adjustment clauses; he did look at the Producer Price Index for tires; the last four months projections does not indicate that there is an expected decline; and if that happens, he would anticipate that both the State contract and the Florida Sheriff’s Association contract may reflect a price adjustment. 

 

Commissioner Fisher inquired if the last time the County went out for bid for tires, was the price similar; with Mr.Stultz responding the Board has previously approved the use of the State of Florida term contract for tires; stated staff has utilized that since he began with the County; and the County has not actually gone out for bid for tires.  Mr. Stultz stated if the Board desires staff to go out for bid it would probably be dealing with the same entities that are on both of the contracts.  Commissioner Fisher stated one of the positive things in this is that it is a Brevard County company that the County is doing business with and the more that is done the better.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the use of the Florida Sheriff’s association Bid to purchase tires for Fire Rescue emergency vehicles; approved including permission to execute an open purchase order with Boulevard Tire Center (Bridgestone Firestone) and Michelin North America; and both vendors are authorized distributors under the Florida Sheriff’s Association Bid.  Motion carried and ordered unanimously.

 

Robert Allen, President of Friends of  Playalinda Beach, stated he is here to offer his personal congratulations and those of his organization to the newly installed Commissioners, Trudie Infantini, Robin Fisher, Andy Anderson, and his warmest regards as well to Commissioners Mary Bolin and Chuck Nelson; he is confident that residents have five outstanding people, who with God’s help, will guide Brevard County through the troubled financial waters that lie ahead; and in the coming weeks and months, Friends of Playalinda Beach will be here often to offer advice, suggestions, and support.  He explained today he has only congratulations to give and a single idea he hopes the Board will consider as one solution to the fiscal problems of Brevard County, and that is tourism.  He stated additional tourism in Brevard County is certainly not the only answer to the fiscal crisis, but it is one important tool that should gain more attention in the months ahead, especially in Northern Brevard; this County is blessed with one of the Nation’s finest God given tourist attractions at the Canaveral National Seashore; and one, he might add, that costs local taxpayers nothing and brings in tourist dollars from all over the world.

 

 

Jim Milucky stated a while back he was engaged by the City of Palm Bay to do an investigation regarding certain cost perimeters at the Fire Department; since some of the Commissioners are new, he or she is not familiar with the management that is reporting to the Board that it is responsible for, so he wanted to take the opportunity to give the Board some inside as to what he experienced as a professional when he conducted his investigation; he met with several accounting personnel, including management at the Fire Department; dismal would be his assessment; mumbo jumbo would be words that should be used; he has a Master’s Degree in Accounting and he has taught at the university level; and it is embarrassing when he speaks with other professionals and they cannot explain how the accounting system and budgeting system works to where he can personally understand it.  He stated he would suggest to the Board that in all its doings that when it feels resistance or do not understand things, please do not take it personally, understand that those of them who is in the business may not understand those same things; that should cause the Board to ask better questions, more questions until it can be explained to it in plain English; Accountants do not speak a funny language, he or she use common words but in an unusual way; and that is kind of what he is asking the Board in all of the decisions it now faces from this point in time to understand that the Board needs to understand what is behind them; do not just accept what the Board is told; and the employees of the County work for the Board.

R. Victor Brungart stated on the way over here he was listening to Glen Beck who related that Al Gore has finally decided after all of these years that he may be wrong about George Bush and Dick Cheney; he finally decided that he may have been a little bit too harsh about the Bush-Cheney administration; and in the past he may have been harsh about prior Board’s and its decisions.  He stated he did a little homework last night about 2:30 a.m. to let the Board know something that was brought by Matt Reed, who is watchdog columnist in the Florida TODAY.  He stated Mr. Reed said, “Taxpayers here believe in open government.  Voters passed a Nation’s best public record laws, and the Governor has declared through Saturday Sunshine Week.  We do not permit black budget spending like the Pentagon.  We hate surprises, and our households have been badly burned by politicians who put fear of upsetting business ahead of constituents trust.”  He stated he would like to echo Glen Beck’s words, “Let’s have objectivity and let’s have constituents trust.”  He stated he is here for a job application; he would like the Board to consider him to be a member of one of the County Advisory Boards; he used to be a forensic auditor with a little oil company called Exxon Corporation; ferreted out about $6 to $10 million after taxes of a fraud that was going to be brought on Exxon by a company in Singapore; and he knows a little bit about forensic accounting.  He stated there are a couple of board’s that he would try to see if he could get on, two of which apparently have vacancies; one is the Planning and Zoning Board, and the other is the County Advisory Board for the Economic Development Commission of the Florida Space Coast; he has a bunch of year’s experience in economic development; and he ran $110 million budget for Exxon Corporation in Venezuela.  He stated he would like to have this as an unpaid job application to the new Board for anything it thinks he can do for it.  He stated he would listen to everything the Board hears, which has to do with accounting; he or Mr. Milucky can also help; and there are other County citizens who can help.  He advised objectivity and constituents trust in everything that the Board does and would be very welcome.

 

Chairman Nelson stated all Commissioner’s have appointments to make; and as he or she goes through that, maybe Mr. Brungart can be considered for some of those roles.

Ian Golding, Strategic and Human Services Planning, stated the Neighborhood Stabilization Program is a off-shoot of a Act signed into law by President Bush called the Housing and Economic Recovery Act of 2008; that Act set aside about $3.92 billion from the Federal Government to put down into states and communities to offset the destabilization of the communities because of rising foreclosures; they wanted to stem the tide of blight and the drop in the house values of neighbors of these properties; and they put this program together to decide if it was going to come down through Community Development Block Grant (CDBG) funding.  He advised under those rules they put several stipulations in place, one of which the Board has before it today, which the Amendment to Consolidated Action Plan; it must be completed and accomplished and back to HUD by December 1^st; to accomplish that they waived some of the CDBG requirements regarding public comment; the public comment portion was shortened down to 15 days; they also required that the only things that can done with these funds is to use them to purchase foreclosed homes; there was a hope at the beginning that these funds would be able to be used to help people who are in foreclosure; but that is not the case with these funds; and these homes have to have been foreclosed upon and empty for 90 days before they can be purchased.  He noted they put a requirement into place that the homes must be purchased for at least a 15 percent discount over market value; there is also a requirement in place that there is no income that should be generated from this program; and any developer or investment group that wants to utilize these dollars and put it back out for resale for rent they cannot make any money on it beyond developers fees.  He stated they have also identified specific areas of the County where the funds are to go to purchase homes; they made a requirement that three criteria is met; that they go into areas with the highest rates of foreclosure, subprime mortgages, and highest potential incident or future rates of foreclosure; and they compiled a lot of data at the Federal level to determine those areas; they are spread out throughout the County; they have been given different rankings with 10 being the highest at risk; and those are the areas that staff is focusing on for this program. 

 

Niki Bathke stated she is with York Financial Group, which is headquartered in Seminole County to talk with the Board specifically about the Neighborhood Stabilization Program.  She stated Brevard County is getting $5.2 million; she thinks that is wonderful and staff has done a fantastic job of getting the amendment out for public comment in record time; and they think $5.2 million is barely enough to make an impact; and they would like to offer a concept for the Board’s consideration that may increase the reach and address a lot of the concerns they are hearing from other officials throughout the State regarding impossibly tight timelines, regulations, trying to find the right sub-recipients with the capacity to help, and trying to find homeowners who qualify.  She stated she was speaking with Matt just a second ago, and she wants to mention off the top of their heads what they have proposed would help 46 families who are low income or without a home at all; and at the end of her comments she would like to hear from the Board what its particular concerns are.  She noted this concept has two core components; it has a cash manager and an administrative manager; the cash manager is a big five accounting firm or something like that that will control the flow of money so the County will not have to worry about malfeasance and so it is prepared for the certain scrutiny of HUD; the other manager is an administrative technical assistance provider that has deep expertise in finance, banking, mortgage, real estate negotiation, rehabilitation, and finding homeowners; and essentially what they are suggesting is that the Board calls on a public/private partnership of some kind, not for making profit, but so the sub-recipients or non-profits do not have to go it alone.  She requested that the Board let her know its concerns.

 

Commissioner Anderson stated when this issue first came up he had issues because he is philosophically is opposed to County government being forced to bail out banks; it is also tinkering with the free market; so the local businesses and real estate industry is being hurt by government interference on some of these issues.  He inquired if the Board is going to move forward and approve this, he would prefer to turn lemons into lemonade and ensure to a call that he believes in and that is Veterans; stated his staff spoke with Mrs. Williams; and they are confident to put the Veteran’s component in there so that one-third of the houses are reserved for disabled and homeless Veterans in Brevard County.  He noted if the County is going to help the Federal Government bail out it might as well as get something out of that and that is to take care of the local Veterans; and that is his proposal to the Board if this program is going to be approved.

 

Commissioner Fisher inquired if that is within the Grant and how would it work; with Mr. Golden responding the Grant will allow for that; stated today the Board is looking at the Amendment, the piece that has to be moved forward, for HUD to be able to release the funds for use in Brevard County; the next step in the process is development of Request for Proposal (RFP) to actually put out to the community those dollars to get profit and not-for-profit agencies to come forward to acquire these homes and either rehab them and put them for sale or rehab them and put them out for rent; there is a way in the RFP to address special populations; and HUD has encouraged the use of the dollars for meeting the housing needs of special populations of which disabled Veterans are one.

 

Commissioner Infantini stated she would propose that the Board incorporate into the item that at least one-third of these homes do go towards disabled Veterans.

 

Commissioner Bolin inquired if the Board does one-third is it going to specify where the rest of the money is going; and how is the allocation going to work to ensure that representation is there from all of the different areas needed for the housing.  Mr. Golden responded it will be difficult because it is broken out into one-third the Board is saying there are three special populations that can be addressed; a lot of it will probably come down to the strength of the proposals that come back in response to the RFP; and then whatever direction is given by the Board.

 

Commissioner Fisher inquired if since Chairman Nelson already has a homeless study going on, does it kind of play into some of that; with Chairman Nelson responding it is really two different issues; and stated these are homes that have been foreclosed on and he does not know if it will impact that group.  Chairman Nelson stated under CDBG there are targeted groups; and inquired if Veteran’s are a targeted group.  Chenita Joiner, Community Revitalization Programs, advised CDBG targets income levels; the recipients of CDBG funds have to be 80 percent and below; this particular Grant also puts some stipulation in for a much lower income level; and CDBG does allow staff to craft things to adjust the needs of special population, such as Veterans and the elderly.  Mr. Golden stated one of the things they did for this program is with those income guidelines; they are allowing for this program specifically that it go up to 120 percent of area median income of people that go into these homes; they mandated one-quarter of the dollars the County is receiving is set aside for people who are of 50 percent or lower of area median income; that level of income does not equate to home ownership; and staff is looking of probably at least one-quarter of these being turned into rental units if not more. 

 

Chairman Nelson inquired how it impacts the targeted census tracks the Board was provided; and if the Board sets aside 25 percent to Veterans, do those folks have to live within the targeted census tracks; with Ms. Joiner responding the CDBG dollars are not limited to the census tracks even though CDBG allows staff to identify those census tracks to do the infrastructure-type improvements; she stated a lot of the facilities are more pronounced in those areas; but the actual services for CDBG the recipients are not limited to those census tracks.  Chairman Nelson inquired how the proposal from Ms. Bathke would fit into what has been discussed in terms of the changes to the plan.  Mr. Golden responded when that RFP goes out they would be able to respond back to that RFP.  He stated he has gotten an email from them just yesterday that he has not had a chance to review with their proposal in it to how it would fit; but that would be his guess that they would be able to apply during the RFP process.  Chairman Nelson inquired if the plan has to be modified; stated in other words, what the Board has in front of it is one thing; and further inquired if what they are proposing is that consistent of allowable within the plan, so if the Board approved that plan today is it still able to consider that proposal.  Mr. Golden advised staff had discussions with HUD Friday where it did a draft review of the Amendment; and HUD had some suggestions but nothing that will substantially change the Amendment as the Board sees it, just to expand in some areas and give more information on some topics.

 

Commissioner Fisher stated he is not a big bail out fan, but if the Federal Government wants to send Brevard County $5.2 million he thinks the Board should take it; and inquired if it is put at 33.3 percent, and he knows staff identified Palm Bay, Mims, and some areas where the money can be used, by putting that percentage on it does it hinder how many homes can possibly be purchased in those areas.  Mr. Golden responded he does not think it will hinder the amount of homes that could be acquired with those dollars; he wants to specify it is not in Palm Bay because it has its allotment of dollars received; but putting that special populations provision in, all that means is that when a for-profit developer or investment group comes forward and says they want to use one-half million of these dollars to acquire these eight houses they will show a partnership and they will have to have gone and talked to a not-for-profit that deals with the Veteran’s groups and have an agreement with them that they are going to take over management of those properties for Veterans; and so if they were looking for eight they would have to have at least four of those units set aside and partnered with the Veteran’s groups to insure that 33 percent.

 

Commissioner Bolin inquired if the Board moves forward with the one-third and specify it for Veterans, will it put a hindrance on the process or can the Board do a preference to but not have a certain amount; with Mr. Golden responding he does not think specifying one-third for Veterans will hinder the process; but stated it is at the Board’s will; staff can do it either way; and just giving a preference also gives more other special needs populations the ability to come after these homes as well.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the proposed Substantial Amendment to the County’s Consolidated Action Plan, allowing for a Veteran’s preference.  Motion carried and ordered unanimously.

 

Faye Jones stated she is the owner of Wellington Academy; it is a quality preschool in the Palm Bay area; they were established in 1987; and they have been in the community for numerous years.  She stated recently a retention pond was constructed adjacent to the real estate; she is here from a humanistic standpoint that she is very concerned about the safety of the children they serve at Wellington Academy; and the ages are from birth to five years old.  She advised children at this age are curious and can move within a blink of an eye; she has observed when the parents came into the parking lot, the little ones were very interested in the construction equipment; sometimes a lot of their clients are multiple families; and there may be infant-aged child and a two year old.  She noted she has sat in her car and watched a mother take the two year old out of a car seat go around to the other side to get the infant and the two year old is at the edge of the property line looking at the ducks in the pond.  She stated she is really afraid that a child will wander, slip, and fall; she is not questioning the construction of those retention as she is not an engineer she is just a childcare specialist; she sees little ones that can drop hands with their mom or dad and be gone in a matter of seconds; and the Board should not want to see that happen to any child, especially when this problem has been brought before it.  She advised a fence needs to be constructed; in the letter she received from the engineer that they would assist her in getting a permit as she cannot get a permit because the fence is too close to the property line; but the State and County built the retention pond, she did not have a choice of it being next to her childcare center, so she is asking that consideration be given to protect the children of Brevard County.  Ms. Jones distributed pictures to the Board.  She stated the children are fascinated by the ducks; there is a six-foot fence as it is now; yesterday one of the balls that the children were playing with went over the fence; and as the children go out to their cars they ask their parents if they can go get the ball. 

 

Public Works Director John Denninghoff stated the pond in question is indeed part of the Palm Bay Road Widening Project and was purchased by FDOT to provide retention and stormwater treatment for that Project; as such, it is currently in the ownership of FDOT; and it will revert to the County in ownership and maintenance responsibility upon completion of the Project.  He explained staff has reviewed the design of the Project and have been in the field and checked it, and it has been constructed substantially in conformance with all of the approved plans; it conforms with the safety standards for retention pond construction and maintenance without requiring a fence; there are retention ponds that do require a fence; but they would have steeper side slopes that upon venturing into the water a person would get into deep water much more quickly than would be the case with the pond in consideration today.  He stated the pond meets all of the safety standards as it is; as such, FDOT did not require or call for a fence to be installed for the pond as it would have been considered additional expense to the Project; and FDOT is paying for 88 percent of the cost of the Project.  He advised he would expect that the County would come into ownership of the pond in a year to a year and one-half from now; and if the County wanted to make adjustments at that time; but now the County cannot as it would be a change to the FDOT contract to do anything different than it is right now.

 

Commissioner Bolin inquired even if the County had decided to build a fence it would not be allowed to do it until the County takes ownership of this; with Mr. Denninghoff responding yes, that is correct; stated as a matter of legality it is actually under the control of the contractor; and the only way to change that is to modify the contractor’s plan.  Commissioner Bolin inquired since the County does not own the pond at this point in time is it liable for a drowning that may happen.  County Attorney Scott Know advised between the time the County obtains ownership and now it will not be, but when the County obtains ownership and meet the responsibility of the liability would be potential.

 

Chairman Nelson inquired if the pond was designed to a standard that does not require fencing if that means that the slopes are such that if a child falls in he or she can stand up; with Mr. Denninghoff responding affirmatively.  Chairman Nelson inquired if this is associated with Palm Bay Road Widening Project; and further inquired if the City was taking Palm Bay Road upon completion; with Mr. Denninghoff responding no. 

 

Ms. Jones stated she articles of situations of drowning in retention ponds; and even an adult fire rescue worker that was trying to save a child because of the algae that builds up had trouble getting out of the pond.  She stated as a property owner, she knows when she built the Wellington Academy, she had to get approval of the surrounding businesses that there were no objections to her building a childcare center there; and inquired why she was not notified so she could have expressed concerns.  Mr. Denninghoff responding when FDOT are producing these plans send out notices to all surrounding property owners; it publishes notifications, hold public meetings, and workshops to discuss all of the plans; it rolled out the plans for everyone to see them; and there is abundant opportunity for the public to see what is going on with these projects.  He stated the County does not manage those; FDOT spends a great deal of time, effort, and resources on the part of staff and its consultants to inform the public as to what is going on with these projects; unfortunately it does take a long period of time, typically 10 to 15 years to do one of these projects; and people sometimes forget about those opportunities.

 

Commissioner Bolin stated Ms. Jones was not allowed to do a fence on her own property because of the distance; and inquired if that is the City of Palm Bay that stated that to her.  Ms. Jones responded she went to a Board meeting prior to this before the election; but again, not being an engineer she knows the fence has to be back so many feet from the property line because she had a shade area that was in the playground area; she did not get a permit so she had to take that down; and it was too close to the property line. 

 

Commissioner Anderson stated he actually contacted the City Manager Lee Feldman to ask him if he would be willing to help the County out on this; he did not get into the subject that she brought up about the prohibition of Ms. Jones putting a fence on that private property; however, staff can work with the City of Palm Bay to clear up that issue; and he would be willing to work with Commissioner Infantini to do the same thing.  He inquired if he and Commissioner Infantini can clear that up can the County put a fence on Ms. Jones’ property and what is the liability if it did such a thing; with Attorney Knox responding once the County takes ownership and maintenance of the pond it would have a potential liability down-the-road; the County certainly can take the steps that are appropriate to mitigate it; and if it requires putting a fence on someone else’s property to keep kids from going down to the pond it can do that.

 

Commissioner Fisher stated from a liability standpoint, unfortunately if there is a child that drowns that is hard to explain that; and inquired if Ms. Jones’ playground behind the fence; with Ms. Jones responding affirmatively.  He inquired if the risk is when the children are walking to their cars; with Ms. Jones responding in the parking lot.  Ms. Jones stated she has events like this month Community Helpers, so there were police officers and firemen come out; she had to stop it because that is in the parking lot; again, even thought they take five children out at a time, children move really fast; and it has effected some of the curriculum operation.  She stated the fear is in the parking lot; and she has no control of the parent and how they get their child out of the car and the proper procedures for that.

 

Commissioner Infantini stated she would like to continue to work with Commissioner Anderson and Lee Feldman to see if a permit can be gotten so she can construct the fencing on Ms. Jones’ property; she could fence that in properly; and she has had four children at one time and it is hard to manage them all.  Ms. Jones stated the thing is the expense to her; because of the construction of Palm Bay Road it has affected the enrollment status and the economy in general; and she does not personally have the funds to put the fence up herself.

 

Chairman Nelson stated his concern is that water bodies in and of themselves are not dangerous; the design that was done was to make sure that it was as safe as possible; the precedent being set is a little troubling; and if the pond was going to be fenced it would have been designed differently.  He stated the County does water bodies as amenities all of the time in parks; literally that same pond could be in any park somewhere treating water; and those are not fenced in as they are constructed as safely as possible.  He stated he is concerned to set the precedent where the County is going to, regardless of how it is designed, to fence the pond in; he would be willing to assist Ms. Jones if she is having problems with a permit by working with FDOT and the City to get that permit; but it could have been McDonalds with a playground next to her and those same kids could run over there because of the playground.  Ms. Jones stated when the children are at McDonalds he or she is usually with their family; but here the children are placed in her safety.  Chairman Nelson stated he spent 30 years worrying about kids in his profession so he understands what she is talking about; but he thinks there is also the question of the public’s interest and the cost to the public; all of the right things have been done; if Ms. Jones would like an extra level of security, the Board is willing to work with her; but it needs to be cooperative. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to direct staff to work with the City of Palm Bay and the Florida Department of Transportation (FDOT) to obtain a solution to offer Wellington Academy the opportunity to construct a fence on the street near the parking lot.  Motion carried and ordered unanimously.

 

 

Kathy Sichak stated she is not quite sure what is going on; she has been living in the area for 16 years; she understands that before she moved there they had quite a bit of trouble with Precision Fabricating causing groundwater problems; and they were in the process of trying to make amends for that problem when she moved in there.  She stated she does not have a well on her property so it did not affect her; there are several people in the area who do have them that could not use them because they were poisoned by dumping or whatever that had gone on previously before she moved in; and they were trying to clean that situation up when she moved in.  She advised the fence that exists along the property line, there are seven or eight people who own along that property line, the compliance of the wall that should have been erected she does not know how long that has been in effect; but the fence has been there as long as she has been there; and inquired when did the Code change take effect that the wall should have been in place on their property in the first place.  She stated she did not realize what was going on until she came home from work a few weeks ago and someone was in her backyard; she was having problems currently with FPL and Bright House as she had a broken utility pole, which was leaning against her trees, and she had been trying for weeks to get them to replace that; she thought at first that is what that person was doing there; and then she realized they were fiddling around with survey equipment.  She asked the gentleman what he was doing and he said he was doing his survey; she asked if someone gave him permission to do the survey; and he responded that Precision Fabrication hired him.  Ms. Sichak stated Precision Fabrication hired him to survey the property line; and he did not know a thing beyond that.  She stated she asked someone at Precision Fabrication what was going on and she was told that per Code violation they were supposed to construct a wall because of the type of work that they do over there.  She stated the representative said they wanted to leave the fence there but if they have to construct a wall they will come back to their original property line as apparently the fence is not on the property line now.  She advised the representative he was 30 feet into her property; and not to mention the 10-foot easement that is supposed to be County in case of emergencies and so forth.  She noted Precision Fabrication wanted everyone who lived along there to speak for them to keep them from having to construct the wall.  She advised five years ago they bought property just to the south corner of her property with the idea they were going to clear and landscape the property and put an office building on it; she did not kick up a fuss about that at the time; but it never came to fruition.   

Permitting and Enforcement Director Ed Lyon stated the applicant has come to the County for a pre-application meeting to explore the option of expanding their business; and they are proposing two additional structures on the site, which would require the site plan to be amended.  Chairman Nelson inquired if that is what is triggering the survey; with Mr. Lyon responding affirmatively.  Mr. Lyon stated he is not aware of any Code violation that Ms. Sichak spoke of, but the Code does require a wall be constructed between commercial development and residential lots; this is being triggered because of the proposed improvements to the lot; and according to the survey provided to staff, the existing chain link fence is approximately 30 feet off of the property line.  He advised he cannot speak for the applicant, but he would assume they would put it back near the property line and probably not that 30 feet, so that may be what Ms. Sichak is referring to.

 

Chairman Nelson stated Ms. Sichak said that she believes Precision Fabrication is coming 30 feet onto her property; and what he just heard is that they believe that 30 feet is theirs.  Ms. Sichak stated there was supposed to be a County easement; when she purchased the property she had someone from the County come out because she completely redid it; she has a nice, landscaped home on it now; but before she finished in the back and put her carport up, she had someone from the County come out and tell her where the easement was and if she would be in any kind of violation if she backed her travel trailer almost to the fence.  She explained from Precision Fabricating is saying, their property line is clear back to the corner of her property and the easement must extend another 10 feet from that.  Chairman Nelson stated he is going to guess at what happened if a County person went out there and saw that fence, he or she may have assumed it was on the property line and gave her all of the right answers if that fence is on the property line.  Ms. Sichak advised that her survey does not agree with what Precision Fabrication says.  Chairman Nelson stated the engineer for the project is present; and requested Ms. Sichak take a seat while the engineer comes up and explain what he has discovered.

 

Joe Sacco, Engineer with R. K. Engineering, stated he is present to clarify some of the issues brought up.  He advised they are in for a site plan to add two buildings to this piece of property, and also they are going to complete the 20,000 feet office building to the south; the shaded area is on Precision Fabrications property being used by everyone to the east; the professional survey was done clearly showing the property line; this is the fence; and the applicant is just asking to leave things how they have been for 25 years.  He stated they are proposing a three-foot high line of hedge to be put along that fence to help with additional buffering.

 

Chairman Nelson inquired why it would have been fenced on that alignment if Precision Fabricating believed it owned another 30 feet over; with Mr. Sacco responding apparently 25 years ago, the current owner, made an agreement with the residential property owners to the east to allow them to have 22 to 33 feet of extra property as additional buffering between the property owners.  Chairman Nelson inquired if there is anything in writing; with Mr. Sacco responding only a verbal handshake. 

 

Mr. Sacco stated there was a 1994 site plan brought to the County that showed that the larger building was already in place at that time; and it did show the fence as it currently sits.

 

Chairman Nelson stated the Board just heard that one of the neighbors believes that there is a difference between the two surveys; and inquired if he has looked at the two surveys.  Mr. Sacco responded he personally has not.  Chairman Nelson requested that Ms. Sichak’s property is located.  Ms. Sichak stated if this is a Code issue with the County why there is any question and why the residents are being dragged into it at all; if the County requires the wall it will be for the residents benefit; but what they were basically doing regarding the survey was to threaten that if they were forced to build the wall they would come back to the original survey line.  Chairman Nelson inquired if the wall was going to be constructed where would it be placed; with Mr. Lyons responding the Code is not specific that it has to be right on the property line; it says a wall needs to be constructed between residential and commercial sites; 99 times out of 100 they build it on the property line; and he is only aware of one site where they came off of the property line but that was because there was a wetland there. 

 

Commissioner Bolin stated it is her understanding that Ms. Sichak would prefer to have the solid wall versus leaving it as it is.  Ms. Sichak advised from what she was told originally, the requirement by the County was for only a six-foot wall; but from what she is hearing now the wall must be at least six feet.  Mr. Lyons advised the Code requires a six-foot high wall in that area; and that is the height, not maximum or minimum.  Ms. Sichak stated one would rather have the solid wall than something she can see through and see the junk and jungle there.  Commissioner Bolin inquired if she feels the rest of the residents feel the same as well; with Ms. Sichak responding they would like to see something a little better than what he or she has, but if it is only going to be six feet tall it will not be as effective as the eight-foot fence they have now.

 

Mr. Sacco stated there will also be a three-foot line of hedging, a solid, continuous hedge along the property line, which would add a lot of benefit to the current situation.

 

Commissioner Fisher stated Precision Fabrication has the right to have the six-foot wall; the way grass and hedges grow it will probably make Ms. Sichak’s backyard smaller; and inquired if that is a wooden or chain link fence.  Mr. Sacco responded currently it is a chain link fence with a plastic cover on it.  Commissioner Fisher inquired if Code dictates whether what type of fence it must be; with Mr. Lyon responding to move forward with the proposed improvements, they would have to put some kind of concrete or masonry wall; and stated a chain link fence will not satisfy Code.  Mr. Sacco stated it was not the intention of the applicant to threaten the property owners to the east, they simply advised the property owners to let them know what is going on.  He stated the applicant simply wants to line the fence with hedges and move on.

 

Commissioner Bolin stated in listening to the conversation, she would advise that the Precision Fabrication Company have a meeting with the neighbors; it seems like there are a lot of moving parts going all different directions on this; and she proposed tabling the item to give them an opportunity to have communication with the neighbors on this.

 

Chairman Nelson suggested having a County staff person present because there will be questions about location, height, and those issues; and as a resource it would be best to include someone from Ed Lyon’s staff.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to table waive of Section 62-3204(g)(4)(g) for Precision Fabricating and Cleaning Company to a future Board meeting until a meeting can be scheduled with all affected residents; and direct Permitting and Enforcement Director to provide a staff member to attend that meeting.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 10:27 a.m., and reconvened at 10:40 a.m.

 

Chairman Nelson stated Ms. Lawson Young is not present for this item; and requested that staff contact her to see if she is still interested in pursing the item.

 

 

 

Commissioner Infantini stated she personally likes Peggy, and appreciates the many years of service she has given to Brevard County; that said, one may question why she would be recommending her dismissal so early in her appointment; in her previous job as an Auditor for the Clerk of Courts, she had the opportunity to work with Peggy closely and observe the results of her work; and it is because of this that she believes she lacks the skills that are so desperately needed in this position, such as oversight of financial, budgetary, departmental accountability, and performance efficiency.  She advised Brevard County, not unlike the Country, is facing extreme financial difficulty; the people demand a change in how things have been run and are demanding accountability; she does not enjoy asking her fellow Commissioners to terminate Peggy’s contract any more than Peggy liked firing 11 employees in the Permitting Department last Thursday; however, facing a budget crisis with a staff where virtually no one possesses a Finance or Accounting Degree is ridiculous.  She noted the County Manager is the CFO of the County; high expectations are placed on anyone accepting a $170,000 a year salary; the expectation of being proactive than reactive; in Peggy’s owns words she has said she does not know how to do budgeting; and during the past two and one-half years that she has worked with her, this is not a kneejerk reaction, but rather she has watched as many events occurred.  She explained first there was the fire flip fee; the County Manager’s Office was told by the Clerk’s Office that this fee was illegal; however, the County Manager and prior Commissioners, none are currently on this Board, approved charging the taxpayers an additional $25,000 fire flip fee that was below the line tax; this was first presented in 2006 as a one-year event; the fire flip fee could not be fixed in 2007 because of budget cuts, then in 2008 it was decided to hand off the issue to the new Commissioners; and each are also seeking an opinion of the Attorney General.  She stated then there was Project Jaguar; this Project was surrounded with secrecy; the Commissioners were not to be trusted with the information, only the Economic Development Commission (EDC) and County Manager; and inquired why the Commissioners could not be trusted to provide oversight on this venture.  She stated Brevard County may win as a result of Embraer; however, it was mishandled and the shroud of secrecy was too much.  She stated next there is reactive budgeting without the presence of a Budget Director during the 2008-2009 Fiscal Year; although the Budget Director resigned months ago, the County has failed to hire someone with a Master’s Degree in Finance or Accounting for this $90,000 a year job; further, the County Manager was made aware of the reduced revenue stream back in November 2006; in November 2006 three Auditors for the Clerk’s Office prepared a detailed analysis of the decreasing revenue stream that was going to take place as a result of the decreasing values; nothing happened at that time; no one acted until revenue actually went down; and inquired why could the County not plan ahead.  She stated instead the County implemented the Cody Study, which increased recurring salaries upwards of $15 million per year; the biggest recipients were County Management; and she could go on but it would be useless.  She stated either the Board is ready to find an individual who can lead this County through this crisis period and work with the Board and its individual strengths that each Commissioner’s all bring to the Board, or is everyone going to sit back and sit on their own hands. 

 

Suzanne Valencia stated she wishes to speak against this item.  She stated with the current crisis, the Board and the County needs stability; the position of County Manager is extremely important to the citizens of Brevard and County staff who serves to work on behalf of the citizens; and inquired how does the Board think the issue of terminating the County Manager affects the Department heads; and stated this issue undercuts the moral of all County staff.  She stated on the eve of a major National holiday with many people out-of-town, this last minute Agenda item does not give all citizens the opportunity to give input to this issue; the County needs stability, not more upheaval; and she urged the Board to table the item until all citizens have a chance to weigh in and the Board has the opportunity to deliberate further.

 

R. Victor Brungart stated this is a sticky subject to everyone sitting here.  He stated God has a way of putting things in proper perspective; and there is no doubt in his mind that the action that Ms. Busacca took was in the best interest in her mind of the citizens in Brevard County regarding Project Jaguar and Embraer.  He stated to throw Ms. Busacca to the curb because of that is not the right thing to do.  He advised had he been in that position and asked by Lynda Weatherman to do what she asked Ms. Busacca to do, he would have swallowed hard and probably said no he will not do that; but that is just him; it is easy for him hindsight to say that.  He stated if he was a Commissioner, he would not make the call to fire Ms. Busacca; he would expect strict oversight over the Economic Development Commission (EDC) and Lynda Weatherman; Ms. Weatherman is doing the best job that she can; but she was 100 percent wrong to tell Ms. Busacca not to tell the Board what is going on.  He noted Ms. Busacca has come up through the ranks and is doing the best job that she can do with a budget of $1.1 billion and 2,200 plus employees.  He advised he is working with a group for the past six months to bring 3,400 jobs through here through a renewable energy, alternative energy company.  He requested that the Board not cause the climate, which is good in Brevard County, to be sullied by having this happen right now. 

 

Douglas Sphar stated he is requesting that this item be deferred until the public has a chance to weigh in and all of the Commissioners have an opportunity to review the matter in a deliberative manner.  He stated Saturday morning he went to the County website to review the Agenda for today’s meeting; he was stunned to see the 11^th hour addition of this item; the position of County Manager is extremely important to citizens of Brevard County and the staff who works on behalf of the citizens; and it is a disservice to Brevard citizens to spring an item of this importance in such a precipitous manner.  He noted it was a weekend before a major National holiday with many citizens out-of-town and little opportunity for concerned citizens to engage their Commissioner on the matter.  He stated the Agenda Report mentioned needing a new skill set for the County Manager’s Office; during his long career in Aerospace Engineering, he was a Systems Engineering Manager on programs where bean counting budget cutters were brought in to slash the budget; these were guys with advanced degrees in Finance; and he experienced these budget ax-welders zeroing out his budgets for safety and reliability engineering because in their minds these functions did not produce tangible, physical products that they could hold in their hands.  He noted slash and burn striatum such as precipitously firing the County undercuts the moral of County staff as the fallout cascades through County Departments; as the longtime veteran of the aerospace industry where job cutbacks were frequent, it is his observation that staff productivity plummets when people must operate under the specter of job uncertainty; and requested that the Board not expose County staff unnecessary stress that could drive away highly skilled and competent staff.  He stated Florida and the County’s dire economic straights are a consequence of Florida’s long-standing but low tech economic model of first getting people to visit here, then to buy real estate here, and then building stuff to serve their needs.  He stated basically the leg has been kicked out from under Florida’s one-legged economic stool; and fixing this problem transcends the skill-set of any one County Manager.  He stated as a Navy Veteran he offers perspective that when the waters are turbulent and rocks and shoals are lurking it may not be a good time to change the Helmsman; inquired in these times of many budgetary rocks and shoals, is this a good time to expose the citizens of Brevard County to the learning curve of a new County Manager, one who was selected in haste; stated the County Manager should receive a deliberative performance evaluation based on objective performance metrics; and only then should the Board proceed with considering her contract.

 

Maureen Rupe stated there are number of concerns that she has with the County Manager’s termination issue, timing, the Agenda preparation, and the way the proposal was made; the County has just elected three new Commissioners, and there will be many growing pains for the Board and for County staff to adjust; and she thought the Board would want six to 12 months to work with the current County Manager.  She inquired if there are complaints against Ms. Busacca; and stated of course there are complaints against her; and there are complaints against about everyone in government.  She stated it appears by how the Agenda item is written that if there are three votes to terminate the County Manager it is immediate; she shows not options like going out for RFP, take no action, is a Deputy Manager to take over in the interim, or does the Commissioner have another specific suggestion; all this will take three votes to do; and it may leave the County in a precarious position that disassembles and fragments County staff.  She advised understanding Finance is only one part of the equation.  She stated this item was added on a Friday, just a few days before a major holiday; this is the Commissioners prerogative; but in the spirit of open government, controversial issues should be placed on the Agenda soon enough to ensure all citizens have the opportunity to respond.  She is requesting that the Board take no action on this item at this time.

 

Bea Polk stated Commissioner Infantini is just beginning as there are a lot of things when becoming a County Commissioner that is different than working for the County; Commissioner Fisher, Commissioner Anderson, and Commissioner Infantini are new and the people give each a choice; but to bring it up at the first meeting is the most ridiculous thing she has ever heard.  She stated in the elections it was brought up trying to elect three people; it broke her heart to think that someone would call her and the only reason they wanted her to vote for their friend was to get rid of someone; she is an old lady and she has been working this County since 1960; she has seen people come and go; and requested Commissioner Infantini to think about this.  She stated this item should be added to an Agenda so the people can come and give their opinion; they are the Board’s boss; the Board is only five people; and there are a lot of people in this County that are very upset that all of a sudden this was put on the Agenda.  She stated this County is in the worse shape it has been since she has been here; the Board does not need to jump into something like this; she has had many calls from employees with tears flowing that this is happening at the holiday; she should give Ms. Busacca six months and work with her; and if the Board still feels the same way, it should bring the item back.  She stated it is very hard to run this County; sometimes she disagrees with people; but requested that the Board give the item three or four months before making a decision; and she suggested that the Board try to help the County so that people are not losing their homes.  She stated there are more problems than getting rid of the County Manager; right now the County needs every dime it has to keep these people; and there are a lot of people out there who do not have a job.  She requested that the Board table the item today.

 

Matt Nye stated it was not his intent to speak today but he feels compelled to do so, based on comments made by other folks.  He stated he agrees with everything Commissioner Infantini said.  He stated his understanding is that Ms. Busacca has been the County Manager for the better part of three years; yet everyone here is talking about how they did not know this item was coming up; he is unclear how anyone on the Board could not have a judgment one way or the other as to her efficacy in this capacity; and he does think it is appropriate.  He stated the County needs strong leadership; he does not think it has that right now; and he wanted to make his voice heard.

 

Ms. Busacca stated there were layoffs that were made last week due to budget constraints; she would not like the employees who were involved in that to have it be known that he or she was fired; and they were not as it was a layoff.

 

Commissioner Bolin stated her concern is this needs to be talked thoroughly through; there are a lot of questions she has that are not answered; and some of them have already been raised.  She inquired if it goes into effect, will the firing going into effect immediately; who is going to step in if Peggy leaves tomorrow morning; is there someone in the wings who has experience; and further inquired who will decide who the person is going to be.  She inquired is there going to be a committee formed to decide who the Interim County Manager will be; stated the Board will have to decide if a National search firm will be hired for the permanent County Manager; and inquired how much money will this cost.  She inquired who will be on the Committee to decide who the new County Manager is going to be; stated there are a lot of questions that are not answered at this time on this item; one of the concerns brought up was whether or not Peggy had the experience to do the Budget; her opinion is in all major corporations the CEO has to have a knowledge of all areas; but that person surrounds themselves with people who have specific skills in different areas to be their advisors.  She stated instead of going this road, she would prefer the Board take the effort to have Peggy do the process of getting onboard a full-time Budget Director now who has the expertise to assist through the next Budget.

 

Commissioner Fisher stated he respectfully disagrees with Commissioner Infantini, but he understands it is very difficult for her to come up at the first meeting and request this; he is really looking forward to having a good relationship with each Commissioner; and he hopes this decision does not hinder that for future Board meetings.  He stated it is important to step back for a second; he knows Peggy through the election process; he met her once or twice in his career; he does not know what her weaknesses or strengths are; and he is quite sure she has both.  He stated what he noticed during the campaign process is that the whole system is a little broke; the way Department Heads report to County Commissioners and different Commissioners run their Departments in different ways; it somewhat under minds the County Management; it has been that way a long time; but it appears to him that each Commissioner is like a little mayor of their district and concerned about their district more sometimes than the County as a whole.  He stated sometimes people have their own agenda.  He noted every huge organization has a CFO; he would like for Peggy to have a great understanding of the budget but he does not want her to be the only source for the budget; he wants a numbers guy and someone who actually understands numbers; and that person should report directly to the Board of County Commissioners.  He stated a good CFO is very important because that is what is going to get the County out of this thing; and he does not think any County Manager who is hired that should be their sole responsibility.  He stated the Board sends a strong message to County staff and citizens on how the new Board is going to lead; he has not had the pleasure of evaluating Peggy; he does not understand all of her strengths and weaknesses; and he will not be able to support the item at this time.

 

Commissioner Anderson stated this is something he struggled with; it was a lot to take on so soon; after hearing everyone, the buck stops here with this Board; and any failures with this County were because of past County Commissioners.  He advised that Peggy’s biggest weakness is her biggest strength and he has talked to a lot of employees; the passion she has for her employees, the way she manages people, and the relationships she has from being here for a long time is actually a weakness because obviously the County is going to face tough financial times.  He noted the Board is going to have to look at reorganization of staff; what the Board will be doing is asking Peggy to put aside those relationships and tell some people he or she no longer have a job; there is nothing the Board can do to prevent that, it will occur, and it is occurring Nationwide; and it is up to this Commission to communicate its expectations of where it wants to see the County go, how to be more efficient, and effective.  He explained it will be a benefit to him, before he makes a final determination on anything, to hear from Ms. Busacca and senior Commissioners. 

 

Commissioner Bolin stated she was intrigued with Commissioner Fisher’s suggestion about the Chief Financial Officer; she likes that idea; and it might be a good path to proceed.  She advised with the Charter the Board has the division of what it is allowed to do and what the County Manager has to do; and the Board can make suggestions when it aids it to do its job more efficiency for the citizens.  She stated Commissioner Anderson mentioned reorganization; that also is a good idea; she is not trying to tell Ms. Busacca how to run her business; but there are a lot of avenues to follow to streamline and make the County more efficient.

 

County Attorney Scott Knox stated if there is any interest in the Board going to a County CFO arrangement, he would like to research that first; there are certain things that allow the Board to designate; and requested before the Board may go in that direction to please let him look at it.

 

Chairman Nelson stated he remembers his first time sitting with the Board and how difficult that was; for her to discuss this, she probably has not slept for a while; he knows she is very sincere in that regard.  He advised his position has not changed; there was a vote at some point in time last year and he has a different view on what a County Manager should be like; but he does not think today is the day to do that because the Board needs the opportunity to have this discussion so each Commissioner can lay out experiences and what the concerns are in a way the Board can discuss it.  He stated out of that one of two things will happen; either the Board will decide to move forward with replacing the County Manager and coming up with a plan on how it will be done; or the Board will create the framework for the existing County Manager to be successful; the public needs to be involved in the process; but he does not think it can be delayed a year.  He stated it will have to be discussed after the first of the year; he would like to suggest the last meeting in January to have the discussion; it will give the new Commissioners a chance to look at this; it will be an interesting discussion in a lot of respects; it can be fully discussed where to go at that point in time; and that would be the vehicle he would choose at this time. 

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Chairman Nelson, seconded by Commissioner Infantini, to table termination of the Contract with County Manager Peggy Busacca without cause, to the January 27, 2009 Board meeting.  Motion carried and ordered.  Commissioner Bolin voted nay.

 

 

Vice Chairman Bolin passed the gavel back to Chairman Nelson.

 

 

 

 

Upon motion and vote, the meeting adjourned at 11:19 a.m.

 

 

 

ATTEST:                                                        

                                                                         _________________________________

                                                                        CHUCK NELSON, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

     (S E A L)