MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 21, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 21, 2006, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Ken Babbington, First Baptist Church of Cocoa Beach, Cocoa Beach, Florida.

 

 

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Minutes of the December 13, 2005 Regular Meeting.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering, and preliminary and final plat approvals for Bresley Drive in Viera, subject to minor engineering changes as applicable and developer responsible for obtaining necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve use of portions of Lots 1 through 6 in Sebastian River Estates for a roadway, which will provide access to the proposed Mayan Woods Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve waiver to the buffer wall requirement in Section 62-3204(g) for the proposed Nelson Engineering facility south of Kings Way on the west side of State Road 3.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to begin working on the documentation necessary to convert private dedication to public dedication on the recorded plat for Pineda Crossing, Phase IV Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson,  to execute Binding Development Plan with Parrish Development, LLC for property located north of Parrish Road and east of U.S. 1.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Deborah Slawson for property located west of North Courtenay Parkway and north of Barge Canal.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Brevard Ventures, Inc. and Kew LLC for property located on the south side of Fortenberry Road and east of Plumosa Street.  Motion carried and ordered unanimously. 

 

                           

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Elizabeth Lanier for property located on both sides of U.S. 1, north of Snug Harbor Way.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for landscape improvements on North Courtenay Parkway, from S.R. 520 to Skylark Avenue in Merritt Island.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve renewing standardized purchasing, as required by BCC-25, approved by the Board on April 3, 2001 for Road and Bridge equipment, with the understanding State Contract pricing will be sought first, and in the event such pricing is not available for the equipment, bids will be sought with the intent of purchasing from the low bidder.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to utilize written quotations to acquire materials for Road and Bridge construction projects on a job-by-job basis; and authorize the County Manager or her designee to award to the lowest responsive quoter the materials that contracted vendors are not able to provide on the annual bid through September 30, 2006.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for March 7, 2006 to consider an ordinance amending Ordinances Nos. 92-23 and 96-54 to allow proceeds derived from the Road and Bridge MSTU ad valorem tax to be used for providing traffic control services and to clarify the authorization to use the funds for canal and channel maintenance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Federally Funded Subgrant Agreement with Florida Department of Community Affairs for Low Income Home Energy Assistance Program (LIHEAP); authorize an amendment to the current budget;
and authorize the Chair to execute all contracts and amendments contingent on review of Risk
Management and the County Attorney.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Non-reimbursable Space Act Agreement with National Aeronautics and Space Administration (NASA) for display of approximately eleven reproductions from the NASA Art Collection under the County’s Art in Public Places Program.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Assignment of Option to Purchase with The Nature Conservancy and Option Agreement for Sale and Purchase with Brook Hollow Community Association, Inc. and The Nature Conservancy for property located in Brevard Coastal Scrub Ecosystem Florida Forever Project; and authorize EEL staff to exercise the option on or before 90 days from the date of Board approval of the assignment of option.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept donation of a water tower and windmill from the North Brevard Heritage Foundation, Inc.; and approve funding for the relocation of the two structures to the Chain of Lakes project in north Titusville.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve partnership with United Third Bridge, Inc. for the Quincentennial Anniversary Celebration of the discovery of Florida, and the use of the County and Parks and Recreation Seals on publicity for the celebration.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Fiscal Year 2006 Certifications and Assurances for Federal Transit Administration Grants.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the Internal Audit Report for the Fire Rescue Department.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve recommendation of the Special Magistrate to reduce the accrued fine for Case #96-0531 for John E. Herder from $13,065 to $1,500 plus actual costs of $1,472; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve recommendation of the Special Magistrate to reduce the accrued fine for Case #96-0554 for John E. Herder from $13,065 to $2,000 plus actual costs of $1,543; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session for March 7, 2006 at 11:30 a.m. or as soon thereafter as possible to discuss strategy relating to the North Brevard Hospital District v. Brevard County case.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session for March 7, 2006 at 11:30 a.m. or as soon thereafter as possible to discuss strategy relating to the Brevard County v. National Union Fire Insurance Company case.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize transfer of the assignment of the Contract for fire engine and aerial apparatus purchases from LaFrance Corporation to American LaFrance, LLC.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Fire Rescue Department to draw approximately $1.6 million of previously approved commercial paper to construction Fire Station #21 in Scottsmoor.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Sheriff to distribute State forfeiture funds from a joint investigation, which resulted in a seized vehicle and substantial amount of U.S. currency, by purchasing equipment for Florida Highway Patrol Troop D in the sum of $128,759, for the Agency’s participation in lieu of obtaining cash.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Sheriff to make application and accept a Victim of Crime Act Grant from the Office of the Attorney General to fund 75% of the salary and benefits of two existing and two new victim advocates for FY 2006-07.  Motion carried and ordered unanimously.

 

   

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Sheriff to make application and accept the Edward C. Byrne Justice Assistance Grant award for FY 2006; authorize the Chair to execute necessary documents; and approve applicable budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint/reappoint Carleen Cairns and Cynthia Mitchell  to the Brevard County Commission on the Status of Women with terms expiring December 31, 2006.  Motion carried and ordered unanimously. 

 

 

 

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

 

 

 

Commissioner Pritchard advised of the dedication of the Vassar B. Carlton Historic Courthouse; and expressed appreciation to his staff, the Board, Parks and Recreation Department, the City of Titusville, the Brevard County Bar Association, and the Judiciary for their assistance.  He thanked Commissioners Scarborough and Colon for attending; and stated the pictures will be on his website this week and Space Coast Government TV will be airing the video once the editing is complete.

 

 

 

Commissioner Pritchard stated he attended the grand opening of the Veterans’ Memorial Center on Merritt Island; and encouraged others to visit it. 

 

 

 

Commissioner Pritchard stated Larry Webber of Keep Brevard Beautiful needs to address the Board concerning continuing the pepper busting program; however, he is in a meeting this morning.  He stated Mr. Webber may be able to be present at 10:30 a.m.; and requested Mr. Weber be allowed to address the Board at that time.

 

 

 

 

Commissioner Pritchard stated Space Coast Government Television (SCGTV) and the Emergency Operations Center (EOC) are now connected via a microwave link to keep the residents better informed during emergencies and disasters.  He stated Mr. Lay will report on the costs and benefits of the system.

 

Emergency Management Director Bob Lay advised of the connection between SCGTV and the EOC, grant from the Department of Homeland Security, and ability to provide information live.  He advised the system will be tested daily; and there will be an ability for the Chair to give a report from the EOC. 

 

 

 

Commissioner Pritchard stated State Attorney Norm Wolfinger and Sheriff’s Chief Deputy Tom Jenkins are present to report on the Rap Against Violence contest; and displayed the CD that resulted from the contest.

 

State Attorney Norm Wolfinger commented on efforts against gun violence in the County, getting the message out, taking an idea to reality, and contest.  He stated they had a partnership with 102 JAMZ, Bright House networks, and Trans Continental Studio; there was little or no expense to his or the Sheriff’s offices; everything was donated by the community; and outlined the details of the contest and the response received.  He commented on the judges; stated they selected ten entrants; and advised one entrant, Jaren Burgos from Palm Bay, is present today.  He advised of other entrants including the Clarington family from Titusville and another entrant from Patrick Air Force Base who is current serving in Iraq.  He presented a public service announcement featuring Mr. Burgos and the Clarington family.  Mr. Wolfinger introduced Mr. Burgos and his mother. 

 

Commissioner Colon commented on competing with MTV, a local Christian hip hop/rap concert, and positive messages. 

 

 

 

Commissioner Pritchard advised of the rules and deadlines to file for homestead exemption. 

 

 

 

Commissioner Pritchard stated only half of Chase Hammock Road in North Merritt Island was paved because they ran out of materials; but they have found more materials, and the road will be finished today. 

 

 

 

Commissioner Carlson stated Mark Leslie of Titusville Marina requested the Board explore purchase of lands north of Pineda Landing Park for the purpose of putting in a mooring area, pump-out station, and extension of the park.  She stated Jerry Sansom with FIND is getting involved with looking for funds to purchase the uplands; and they want to get others involved.  She requested staff be authorized to work with her to look into the possibility of that purchase. 

 

Motion  by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize staff to work with Commissioner Carlson on exploring the possibility of putting in a mooring area and pump-out station north of Pineda Landing.  Motion carried and ordered unanimously.

 

 

 

Motion  by Commissioner Carlson, seconded by Commissioner Scarborough, to appoint Kevin Walsh to the Parks and Recreation South Service Sector Advisory Board with term expiring December 31, 2006; and Richard Butler to the Wickham Park Advisory Board with term expiring February 21, 2006.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve bills and budget changes, as submitted.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Carlson advised Janice Wahl and Lauren Hayworth with the Brevard Symphony Youth Orchestra were supposed to be present for the Sample of the Arts program.  She read aloud information about the Youth Orchestra; and advised of a recent performance.

 

 

 

Commissioner Colon stated yesterday she attended a homeowners association meeting in Palm Bay; they would like to be on the Agenda at a future meeting; they are concerned about the lack of activity on the Parkway; and while they know it is an MPO issue, they would also like to address the Board of County Commissioners.  She stated they feel that 13 years is long enough; and they are disappointed about the amount of money that was allocated toward the Parkway and want to share their concerns with the Board.  She stated they would also like a time certain; and advised of County Manager Peggy Busacca’s presence at the meeting. 

 

 

 

Chair Voltz stated there has been a lot of hubbub about the proposed sales tax to fund transportation improvements; when she took over as Chair in November, she said she may
 support a one-penny sales tax providing a number of issues would take place; but those issues have not happened.  She commented on trust issues, putting the sales tax issue on the November ballot being a disaster, people feeling overburdened by taxes, and lack of trust of elected officials.  She recommended a comprehensive approach to transportation and earning the trust of the residents through accountability and education.  She stated it is not just a County responsibility, but is also a municipal responsibility; and advised of failure of a referendum for
transportation funding.  Chair Voltz stated sales tax should be a last resort; the local option gas tax must be back in line before looking at sales tax; impact fees are only a Band-aid on the $400 million in transportation needs; and they are not going to raise gas tax because they are already outrageous.  She commented on the people knowing the nature of the needs, the Board proving what is needed, time for the citizens to look at the budget, showing the Board is responsible for the money that was entrusted to it, responsibility of the news media to report the truth, impact fees, and developers paying their own way.  She advised there will be people who cannot afford homes; the American dream will be wiped out; and the Board needs to make sure that the media gets the facts straight.  She stated if the Board cannot ensure that the people it represents have the facts right, then it cannot be entrusted to ask for more money.  She stated if they ask for a penny sales tax, it would be temporary and for transportation only; and this is not the year to ask for it.  She stated the cities will be asking for the money next month; and she wants the Board to know she is not going to support it because it is too soon and the Board has not proven itself to the citizens.  She noted the issue is not up for discussion.  

 

 

 

Chair Voltz stated she has a letter from the District 7 Administrator of the Department of Children and Families; and read aloud the letter as follows, “Dear Commissioner Voltz, Please allow me to express my sincere appreciation to the people of Brevard County for their decision and commitment to at risk children and families.  Your work exemplifies the spirit of community-based care taking an active role to better the lives of your neighbors.  This community has had extensive input to the design of a specific system of care for foster care and relative services and it shows.  Through the Together in Partnership Program, you offer this community a forum where input and support for such an initiative is welcome.  I understand that the Brevard County government participates on the Board of Directors for Community Based Care of Brevard and believe that your continued presence insures that the voices of your constituents are heard.”  She advised she sits on that board as does former Commissioner Nancy Higgs.  She continued, “The transition of child welfare services to Community-Based Care in Brevard is complete.  I am pleased to share with you several accomplishments of CBC of Brevard, specifically that CBC of Brevard exceeded the contracted number of adoptions in their first six months of operation in fiscal year 05-06.  CBC Brevard has also exceeded the statewide average every month for visiting children with open service cases, including three months where 100% of the children were seen.  Another successful indicator is that CBC Brevard is significantly above the statewide average in the best practice measures of fingerprints obtained, birth verifications obtained, and photographs of children obtained.  Most significant is the median length of stay for children in out-of-home care has decreased each month since CBC Brevard fully transitioned case management.  In July of 2005 the average was 11.9 months and as of January 31 the figure is now eight months.  This truly is a remarkable achievement in such a short time.  I hope that we can continue to strengthen our relationship and firmly believe that together we will become a model of community-based care in the State of Florida, and thank you for your effort, commitment, and service to at risk children and families in Brevard County.”  She noted Assistant County Manager Don Lusk said Mr. Abramowitz indicated that all eyes are on Brevard County now as the model that is most successful; and Orange County called for information last week. 

 

Commissioner Carlson stated the Together in Partnership effort before the transition occurred made a huge different in the success rate. 

 

Discussion ensued on the early efforts of Together in Partnership. 

 

 

 

Chair Voltz advised Larry Webber of Keep Brevard Beautiful (KBB) came by her office yesterday; and distributed paperwork to the other Commissioners.  She stated KBB is applying for a grant.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve sending a letter supporting the efforts of Keep Brevard Beautiful to obtain financial assistance through the National Fish and Wildlife Grant.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz stated she and Special Assistant Tres Holton would like to travel to Tallahassee on March 29 and 30, 2006 to attend Legislative Day. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve travel for Chair Voltz and Special Assistant Tres Holton to attend Legislative Day in Tallahassee on March 29 and 30, 2006. 

 

 

Commissioner Carlson stated the Board previously had a motion that any Commissioner could attend anything dealing with NACO or FAC.  Chair Voltz stated she was not sure.  

 

Motion  restated by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve travel for any Commissioner wishing to travel in connection with NACO or FAC events.  Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard stated regarding Mr. Webber’s letter, KBB is doing pepper busting on S.R. 528; and one can actually see the water now.  He stated there will be a lot more; and it will also be happening at the Port and other areas. 

 

 

 

Chair Voltz read aloud information concerning one hundred Scouts.  She read aloud a resolution recognizing Eagle Scout Tony Cox.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution recognizing Eagle Scout Tony Cox.  Motion carried and ordered unanimously.  

 

 

Chair Voltz presented the Resolution to Mr. Cox, who commented on the oath and law of Scouting; and expressed appreciation for the commendation. 

 

 

 

Commissioner Colon read aloud a resolution proclaiming February 26, 2006 as “Thank a Vet Day.” 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt a Resolution proclaiming February 26, 2006 as “Thank a Vet Day.”  Motion carried and ordered unanimously.  

 

 

Commissioner Colon presented the Resolution to George Reynolds.  Commissioner Pritchard advised Mr. Reynolds joined the Marine Corps when he was 17 years old and had a tour of the Pacific during World War II; and thanked him for his service. 

 

 

 

Commissioner Pritchard read aloud a resolution recognizing the Ancient Hibernians and proclaiming the month of March 2006 as Irish-American Heritage Month. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution recognizing the Ancient Hibernians and proclaiming the month of March 2006 as Irish-American Heritage Month.  Motion carried and ordered unanimously.  

 

 

Commissioner Pritchard presented the Resolution to Supervisor of Elections Fred Galey, who expressed appreciation to the Board on behalf of the Hibernians. 

 

 

 

County Manager Peggy Busacca recognized Jan McLarty of the Parks and Recreation Department for 30 years of service; and Rick Enos of Planning and Zoning, and Anthony Berg and Ralph Brunskill of the Solid Waste Management Department for 25 years of service. 

 

Chair Voltz presented plaques to the employees. 

 

 

 

Paulette Davidson, Chair of the Volunteer Management Team, stated this morning she has special awards for County volunteers who have exemplified outstanding public service; and commented on the history of the Jefferson Award. 

 

County Manager Peggy Busacca advised of the accomplishments and achievements of Alice Marzluff who volunteers at the Central Brevard Library, including raising more than $15,000 per year for fifteen years for library materials.  Ms. Busacca thanked Ms. Marzluff for putting on a birthday party for Dr. Seuss and Winnie the Pooh.  Chair Voltz presented the Jefferson Award to Ms. Marzluff.

 

Ms. Busacca advised of the accomplishments and achievements of Andy Gillis who serves as Deputy Chief of the Four Communities Volunteer Fire Department, including serving more than 1,000 hours ever year since he joined the Department in 2001.  John Gorham, Volunteer Coordinator for Fire Rescue, advised Mr. Gillis is unable to be present due to illness and work commitments. 

 

Ms. Davidson stated the next awards are the Brevard County Board of County Commissioners Civic Involvement Award; and they are presented to those volunteers who exemplify volunteer service by their commitment to making a difference. 

 

Chair Voltz advised of the accomplishments of Melissa and Eddie Goude who serve as teen volunteers at the Suntree Viera Library; and presented them with a Civic Involvement Award. 

 

Chair Voltz advised of the accomplishments of Jay Boyd as a volunteer with the Computer Access Programs at the Melbourne Public Library; and presented him with a Civic Involvement Award.

 

Chair Voltz advised of the accomplishments of Les Manns as a volunteer with the Agriculture and Extension Service Master Gardener Program; and presented Mr. Manns with a Civic Involvement Award. 

 

Commissioner Pritchard advised of the life achievements of George Reynolds including co-founding Citizens for Florida’s Waterways; and his accomplishments on the District II Dredge Committee and Marine Advisory Committee.  He presented Mr. Reynolds with a Civic Involvement Award.  Mr. Reynolds expressed appreciation to the Board and staff; and stated he is accepting it on behalf of all members of the Dredging Committee. 

 

 

 

Commissioner Carlson read aloud a resolution recognizing March as National Women’s History Month. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing March as National Women’s History Month.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson presented the Resolution to Gwen Heller, who accepted on behalf of Professor Leandra Preston of University of Central Florida Women’s Studies Program.    

 

 

 

Commissioner Pritchard read aloud a resolution supporting State Senator Bill Posey’s Resolution designating the “Patrick D. Smith Causeway.”   

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution supporting State Senator Bill Posey’s Resolution designating the “Patrick D. Smith Causeway.”  Motion carried and ordered unanimously. 

 

 

 

Kathy Scheetz introduced her mother-in-law Marilyn Sheetz; and commented on typical Brevard families, being a caregiver for her mother-in-law, Office of Elder Affairs, and aging in place.  She stated the projected influx of people moving to the County are at an age where they are retired or are approaching retirement; and they can afford million dollar condominiums.  She commented on the County’s growth future; provision of services; and reading various documents including the Comprehensive Plan, Brevard County Code, the SWIM Plan, and Senate Bill 360.  She suggested decisions made today concerning strategic growth management give the Emergency Management Plan more weight; and commented on desirable lands, evacuation levels, and floodplains.  She advised of reading the Comprehensive Plan, stressors in life, Medicaid waiting list, proving something to be comp permissible or not comp permissible, and defending unique land in a unique sustainable neighborhood.   

 

Chair Voltz inquired if Ms. Scheetz is looking for something specific; with Ms. Scheetz responding it has to do with the process.  Ms. Scheetz commented on being a caregiver, reading the materials, exhausting process, and priorities. 

 

Commissioner Pritchard stated Ms. Scheetz is talking about the proposed development on South Banana River Drive; much of what the County has that is written is convoluted; it is a confusing process; and the Board needs to address all the rules it has.  He inquired how many elements and policies are in the Comprehensive Plan; with County Manager Peggy Busacca responding 13 elements and more than 600 policies.  Commissioner Pritchard stated the Board is trying its best to insure that what is going to happen is going to be reasonable with the neighborhood.

 

Ms. Scheetz commented on demographics, and referencing Hurricane Floyd rather than Hurricane Francis. 

 

 

 

Bette Danse submitted written materials to the Board and the Clerk.  She stated the submittal includes October and November 2005 emails from Commissioner Pritchard and his secretary Rose Lyons to Lance Larsen of the Property Appraiser’s office and a legal opinion from County Attorney Scott Knox, which was requested by Commissioner Pritchard.  She commented on Commissioner Pritchard’s name-calling and County liability for Commissioner Pritchard’s statements.  She requested the Board take action to censure Commissioner Pritchard.  She commented on emails concerning her property assessment, being singled out, misuse of public office, and trusting elected officials.  She requested an explanation of Commissioner Pritchard’s behavior; and commented on accountability, defending herself against Commissioner Pritchard’s attacks, and no longer being a Brevard County volunteer.  She stated Commissioner Pritchard is spending tax dollars to seek revenge; three County employees have been investigating her property on County time; and inquired if the Board approves of taxes being spent this way.  She advised there are 13 emails; the first is dated October 12, 2005 and the last is dated November 2, 2005 from Mr. Larsen; and advised of the content of Mr. Larsen’s email. 

 

Discussion ensued on allowing Ms. Danse additional time. 

 

Ms. Danse stated Commissioner Pritchard is using extensive County staff time for his own personal motives; and requested the Board take action to censure Commissioner Pritchard.

 

 

 

Walter Pine stated he will address three issues; and the first is public records.  He advised of attempts to get copies of the Future Land Use Map and difficulties in getting a statement of what standards the County says the Future Land Use Map should meet.  He stated it should be a simple matter to find out the definition of a map for the County and what the additional parameters are to make the map into a Future Land Use Map; it gets old when one has to ask for simple basic comments, documents, and definitions; and requested the Board make sure he gets what he requested.  He stated the second issue is that the North Brevard Parks and Recreation Committee recently changed its policy without notice for selection of membership for committees; and commented on violation of Government in the Sunshine by changing policy without notice.  He commented on impropriety, appointment of committees by the Board, committee behavior reflecting on the Board, and obeying the law; and requested the Board investigate the problem.  He stated the final issue is with the Mims-Scottsmoor Community Center Committee; and commented on Chuck Nelson’s negotiations with Chris Gardner of Condev, conflict with sitting committee whose purpose is to choose where a particular facility will be, and inappropriate activity.  He requested the issue be revisited; and advised of committee’s invitation to Mr. Gardner to appear before it. 

 

Commissioner Scarborough stated the Board will make sure the County Attorney’s office fully advises the North Brevard Parks and Recreation Committee of what it has to follow and will investigate what occurred; and it is his understanding any donations of land have to be accepted by the Board, and they will follow all proper procedures. 

 

 

 

Thelma Roper advised of reading an article in the newspaper concerning approval of an economic feasibility study for incorporation of Mims; she has been watching for this issue on the Agenda and asked Commissioner Scarborough’s office for notice when it would be on the Agenda; and she did not see it on the Agenda.  She inquired if it is already approved; and advised she is disturbed because she had asked for notice.  She stated she wants to know where the boundaries are; and advised of objections to the original boundaries. 

     

 

 

Bea Polk commented on mothers, childcare, leaving five-year olds home alone, and helping mothers.  She stated a five-year old is not safe at home by himself; and inquired what is the Board going to do about this to help mothers.  She stated she had hundreds of calls on this issue; the Board gives money to organizations; and inquired when are the organizations going to provide help. 

 

 

 

Commissioner Scarborough stated the Board authorized seeing if it could get a contract; Ms. Busacca will bring that contract, definition of borders, and all of that to the Board; and at that time, the issues will be addressed.  He stated he will make sure all interested parties have copies in plenty of time so they can address it. 

 

 

PUBLIC COMMENT, RE:  CENSURE OF COMMISSIONER PRITCHARD  (CONTINUED)

 

Commissioner Pritchard stated a few people were trying to destroy the First Amendment last year; he inquired what it would take to cross the threshold, and Mr. Knox provided a response as to where crossing the line occurs; and the purpose was research and data gathering.  He stated Ms. Danse’s allegations concerning her property are ridiculous; he researches property all over the County in order to find out where valuations lie; and that is also called research and data gathering.  He commented on riding through neighborhoods and picking up real estate flyers, providing advice on property values, requesting a comprehensive list of all ad valorem from the Budget Office, and research and data gathering.  He stated the allegations are false; in order to make decisions based on relevant data and information, one needs to do research; and he does the research. 

 

Commissioner Scarborough stated the Board adopted a new Policy that incorporated the thought that Commissioner should take no action and should encourage diverse views; and cautioned the Commissioners to be particularly concerned with their overall demeanor, not cross the threshold, and be willing and able to reach out to those persons with whom they disagree. 

 

 

The meeting recessed at 10:45 a.m. and reconvened at 10:54 a.m.

 

 

 

Larry Webber of Keep Brevard Beautiful submitted before and after pictures showing the eradication of pepper trees on S.R. 528; and requested funding to continue removal of pepper trees on the north side S.R. 528, just west of S.R. 401. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve funding to Keep Brevard Beautiful of $20,000 for eradication of eight acres of Brazilian pepper trees on the north side of S.R. 528, west of S.R. 401. 

 

 

Chair Voltz inquired where is the money coming from.  County Manager Peggy Busacca stated $150,000 is left in the General Fund Contingency and $289,690 in Tax Collectors Office excess funds.  Commissioner Pritchard requested Ms. Busacca use whichever she thinks is appropriate; with Ms. Busacca responding they will take it from the Tax Collector’s excess funds. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public interest in portion of canal in Poinsett Acres, Unit 3 as petitioned by Adam J. Suder.

 

Douglas Sphar stated he owns canal-front property at Lake Poinsett, just a few hundred feet from Mr. Suder’s property; and he is not opposed to Mr. Suder having beneficial use of the property in question.  He commented on the problem created by a previous owner installing a seawall, variances for Mr. Suder’s planned construction, and concern about potential precedent of vacating a portion of a canal water column that was dedicated to the perpetual use of the public.  He advised of use of the canal by the public, build out of the area, and capturing additional land area to facilitate construction permitting.  He inquired if the County has a policy in place to deal with this sort of situation. 

 

Zeke Clifton stated he has lived in the neighborhood since 1958; the development was built in 1962; the plat map shows a dotted curved line but the survey shows the property lines as being straight; and this resulted in a small strip of land being on the County property.  He stated they
are asking for that strip of land, which is not the water, to be vacated so the house can be built there; and by doing that, the County will be relieved of maintaining the seawall and the property owner will then be responsible for the future maintenance, so he is in favor of the request. 

 

Commissioner Scarborough stated Ms. Streeter made a distinction between the vacation of this and the idea of waters of the State.  Cynthia Streeter stated she sent this request to the County Attorney’s office for an opinion ad was told that vacating the property would not transfer title nor guarantee any type of title; and this is simply removing the public interest in the property as represented by the Board.  Scott Knox, County Attorney stated when the County vacates something, it is disgorging whatever interest it has in a particular piece of property; it does guarantee that someone else is going to be the inheritor of the legal right to the fee simple title
to the property; and the fact that the County vacates a property does not mean that someone will get good title to it as there may be some other proceeding they would need to pursue.   

 

Discussion ensued on filling in the triangular piece of water column, process for abandonment, built out area, existing seawall, not extending anything new into the waterway, and recognizing the physical boundaries of the seawall.

 

Transportation Engineering Director John Denninghoff advised based on the survey information and the legal description that staff reviewed, they are not going beyond the seawall. 

 

Commissioner Scarborough stated he does not want anyone to think the County is giving up rights of the State on Lake Poinsett; that is something that has been there for 40 years perhaps; by not taking any action to have it removed, the County has allowed it to occur; and he does not have a lot of problem recognizing something 40 years old as long as he does not intrude on anything or make any statement on behalf of the State.  He stated Ms. Streeter suggested some particular language to assure the Board’s intent.  Mr. Denninghoff advised if there were any sovereign lands of the State’s rights existing on the property, it was not the Board’s intention to influence that; the Board does not have the authority to vacate those rights; and it cannot convey them to the property owner nor take them away.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public interest in a portion of a canal in Poinsett Acres, Unit 3, as petitioned by Adam J. Suder, with the caveat the County is not abrogating any rights of any other entity including the State, and it not being an indication that the Board is encouraging encroachment of other properties in the future.  Motion carried and ordered unanimously.  

 

 

Commissioner Pritchard stated if there are a navigable waterway and two opposing property owners who own to the middle of the waterway, it is his understanding they cannot prevent public access to the waterway because it is a navigable canal.  Mr. Knox stated he thinks Commissioner Pritchard is right, but there may be some exceptions to the rule.  Commissioner Pritchard requested Mr. Knox find out what exceptions there may be. 

 

 

 

 

County Manager Peggy Busacca advised Judge Evander’s interest is in Item VIII.C.1, the discussion of the allocation of the General Fund Balance Forward.  Chair Voltz advised the Board will be taking up the matter later in the meeting. 

 

Judge Kerry Evander, Chief Judge for the 18^th Judicial Circuit, stated he addressed the Board last August concerning the need to fill out the shell of the Moore Justice Center because of the likelihood of new judges being funded by the Legislature; two years ago, it was determined in Tallahassee that although there are 22 judges in Brevard County, they were doing the workload of 28 judges; and last year the Legislature funded two more judges, whose positions started
January 1, 2006.  Judge Evander stated it is looking likely that the County will get four more judges starting January 1, 2007; and commented on the need for four more judges, Governor’s budget, and bills in the House and Senate to fund the positions.  Judge Evander advised there is over 75% chance the County will get the new judges starting January 1; and he sent a letter to the Board concerning the number of courtrooms and judges in four other counties of similar size.  He stated even with the shell being filled out, they will have approximately the same ration as one of the counties and a lower ratio of courtrooms to judges as three of the other counties.  He stated there was some discussion at the last meeting about actual need; and commented on the number of cases judges hear, use of courtrooms, minimum need of courtrooms at Moore Justice Center, and processing cases faster by having additional support.       

 

Commissioner Scarborough inquired if there are sufficient funds to meet the Judge’s concerns; with Ms. Busacca responding the estimate is $4 million dollars for the buildout; they have identified $2.4 million in nonrecurring revenue at this time; and the Tax Collector has said he would be able to project a return of $2 million and would be willing to discuss an advance on that, so those two funds would allow doing the buildout for the shell.  Commissioner Scarborough inquired if the Board is going to specifically address this with the two funding things later; with Ms. Busacca responding that is the recommendation.  

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Salvatore and Agnes Bove. 

 

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Salvatore and Agnes Bove.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating unimproved right-of-way northerly of Grant Road as petitioned by Ronald E. Jacobs, Jr. and Francis W. Fletcher.

 

Chair Voltz stated there is a problem with the item.  Cynthia Streeter advised the applicant has requested a continuance for at least a month to give staff more time to address the concerns.   Transportation Engineering Director John Denninghoff stated there is an opportunity to resolve the objections; and the applicant would like to exhaust that.  

 

There being no further comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating unimproved right-of-way as petitioned by Ronald E. Jacobs, Jr. and
Francis W. Fletcher to March 21, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.   

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating a portion of drainage easement in Woodland Estates, Section II, as petitioned by Christine J. Pawlowski.

 

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating portion of drainage easement in Woodland Estates, Section II, as petitioned by Christine J. Pawlowski.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Replat of Suntree PUD, Stage 14, Tract 10, Unit One, and Tract 11A, as petitioned by Michele C. Ronsisvalle. 

 

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in replat of Suntree PUD, Stage 14, Tract 10, Unit One, and Tract 11A, as petitioned by Michele C. Ronsisvalle.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider resolution vacating portion of drainage easement recorded in Official Records Book 3828, Page 732, as petitioned by Pulte Homes Corporation (Shutts & Bowen Law Office).

 

Nancy Bruder, Paige Pratt, Ginny Towers, Priscilla Ott, and Blair Conroy commented on drainage problems in Carriage Park and lack of response from Pulte Homes to the problems. 

 

Commissioner Pritchard inquired about external excavation; with Mr. Conroy advising he meant the final grading.  Mr. Conroy stated when the project was finished the final grading was done in such a way that it was at variance with the County-approved plans and the Building Code, so runoff water drains toward the units. 

 

Commissioner Carlson stated a lot of residents in District 4 have been negatively impacted by Pulte Corporation; and the Board should take some sort of action to keep them from continuing until the problem can be rectified.  She stated she talked to Mr. Denninghoff a while back about what they can do about developers who are not doing things correctly.  Transportation Engineering Director John Denninghoff stated when they see a pattern of behavior that is viewed as being undesirable, staff scrutinizes things more closely; he is not familiar with the situation being addressed today, but has read some of the materials that have been provided; and either Code Enforcement or Land Development can speak to the problems.  Commissioner Carlson inquired if there is a process to put the developer on notice or suspend work; with Mr. Denninghoff responding they have not done that; but they will provide an elevated level of inspection if there are ongoing issues.  County Attorney Scott Knox advised vacation is a discretionary act on the Board’s part; and if it is going to look at other sanctions in this kind of situation, it needs to tie them to the existing problem.  He stated if it was a subdivision impacting another subdivision by faulty drainage, the Board might be able to do something because the two were related; but in this particular circumstance dealing with vacation issues, it is speculation what the Board could do at this point.  Commissioner Carlson stated the same organization has shown inferior work in the past; and inquired if there is a way to suspend further action with the developer in the County until there is some action on these particular issues; with Mr. Knox advising that sounds like a contractor licensing issue. 

 

Heather Kowalski, Attorney with Shutts and Bowen, representing Pulte Home Corporation, stated she was not aware of any of the issues concerning drainage or construction in other subdivisions; but she is taking notes, and will be happy to meet with the people after the meeting and relate back to her client what some of the issues are.  She expressed agreement with Attorney Knox on vacating being discretionary; but argued it is not appropriate to withhold action on a vacating of another project in light of some pending construction and Building Code issues on other projects. 

 

Chair Voltz commented on issuing the vacating, giving Pulte forward movement into more construction, issues being tied together, problems with some development, and desire to table the issue until issues have been resolved. 

 

Commissioner Carlson expressed agreement with Chair Voltz; and requested Attorney Kowalski accept the letter that was not accepted by Pulte; with Attorney Kowalski responding she would be happy to take a copy of the letter, forward it to Pulte, and make a phone call. 

 

Commissioner Scarborough stated staff needs to do more study on the Pulte issue; with Assistant County Manager Ed Washburn suggesting Attorney Knox and Permitting and Enforcement Director Ed Lyons need to work on it. 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating a portion of a drainage easement in Harbour Island Project as petitioned to Pulte Home Corporation to the April 25, 2006 Board of County Commissioners meeting to allow additional research and review of the claims against Pulte Homes.

 

 

Discussion ensued on checking with adjoining counties that have taken action, liability bond issue, and similar instrument for subdivisions but not for condominiums.   

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.    

 

 

 

Chair Voltz called for the public hearing to consider temporary use agreement with Joel C. and Christine A. Burrill for collection and transfer site for dredged material and storage of associated heavy equipment.

 

Commissioner Pritchard inquired if there is any problem with the Agreement; with Planning and Zoning Director Robin Sobrino responding no. 

 

There being no further comments or objections, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Temporary Use Agreement with Joel C. and Christine A. Burrill for use of property zoned for single-family residential use to be temporarily used as a collection and transfer site in conjunction with the dredging of the Timuquana Channel leading to the Indian River.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider ordinance extending temporary moratorium on issuance of driveway permits on Wickham Road between Pineda Causeway and Parkway Drive. 

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to move the proposed Ordinance extending the temporary moratorium for ninety days on the issuance of development
permits for driveways (driveway permits) on Wickham Road in Brevard County from the intersection of Pineda Causeway south to Parkway Drive to the second public hearing, to be held on April 6, 2006.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with John A. Medeiros and Elisabette V. Medeiros for Parcels 113 and 709, for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192; and waive the Phase I Environmental Assessment, deed and plat restrictions, and all FP&L, BellSouth, and Public Utility easements for these parcels.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 11:38 a.m. and reconvened at 1:16 p.m.

 

 

 

Lee Feldman, City Manager of the City of Palm Bay, stated this item was before the Board approximately a month ago; he made a statement; the Board had some questions; and he is present to respond to questions.  Chair Voltz requested Mr. Feldman reiterate his statement; with Mr. Feldman responding the City has been negotiating an interlocal agreement for several months; the City Council passed a version it was happy with; it was transmitted to the County; and it is before the Board for action today. 

 

Chair Voltz stated the Board should not move on any of it.  County Attorney Scott Knox advised it is up to the Board whether it wishes to enter into the agreement.  Commissioner Scarborough stated he concurs; and the Board does not need to have a motion if it desires to do nothing. 

 

Commissioner Colon inquired if the paperwork has been signed for the bonds for the roads; with Assistant County Manager Stockton Whitten responding the County received the funding from the Local Option Gas Tax, which was the last bond deal done, so those dollars are in the bank, and those projects are being worked on. 

 

Discussion ensued on Local Option Gas Tax, bonds, County projects, interlocal agreements, Palm Bay Parkway, $10 million in TRIP money, status of bonding with LOGT funds, and two projects in South Brevard.

 

County Manager Peggy Busacca stated those funds are in the bank; and staff will provide a report so the Board knows where it is going because if the Board wants to move forward with condemnation on the north section, it will be necessary to have additional studies done. 

 

Commissioner Colon commented on attempts to get $10 million.

 

Commissioner Carlson inquired if the Board does not take action today, and Palm Bay has passed its version of the agreement, does that mean they will be collecting library and EMS impact fees.  Attorney Knox stated that raises an interesting question because there is a
Countywide Ordinance; and there is an argument to be made that the City should be collecting it anyway.  Commissioner Carlson inquired where does that put the County; with Attorney Knox advising in the position of adversarial relationship with the City of Palm Bay. 

 

Mr. Feldman explained how the impact fees are structured with collection by the County for programs within the City; the City expects the County to continue to collect in that fashion; and the way the impact fee dollars are spent is what is governed by the interlocal agreement.  He stated the City will consider the County’s inaction today to determine its next step; and one option the City is considering is opting out of both impact fees, and adopting its own.  He stated at a time when the County is interested in spending money on the library or EMS systems, it could come back to the City to request those dollars, just as the School Board asks for the school impact fee dollars. 

 

Commissioner Carlson inquired if a city opts out of the County Ordinance, would it then have to be designated to a specific fund that would be held in abeyance before using it or could it just use it for Palm Bay.  Attorney Knox advised he doubts the City can opt out of EMS; for the library system, it depends on how the City does it; and if the City intends to have its own library system, maybe it can do it, but if it does not, it cannot opt out of that either. 

 

Commissioner Scarborough commented on presentation of the Palm Bay Library Board, Countywide funds for library in Palm Bay, and different consideration if the City goes in a different direction.  Chair Voltz voiced agreement with Commissioner Scarborough’s position.

 

Commissioner Pritchard inquired about the analogy with the School Board; with Attorney Knox responding the County collects the impact fee; and under all circumstances except private charter schools, the School Board is given the money and decides what it will do with it. 

 

 

 

Chair Voltz stated she has no problem with the item.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Quitclaim Deed and Roadway, Drainage, Public Utility, and Sidewalk Easement from Farm and Grove Realty Company; and waive environmental assessment requirement for the paving of Pine
Road in District 3.  Motion carried and ordered unanimously. 

 

Chair Voltz stated this involves Pulte Homes; with Commissioner Pritchard advising it has nothing to do with the earlier discussion.  Assistant County Manager Ed Washburn stated this is
in the same general area; with Commissioner Pritchard responding it is not.  Discussion ensued as to the locations, and the difference between the items.  Mr. Washburn advised both items relate to development behind Merritt Square Mall. 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table consideration of a Quitclaim Deed from Pulte Home Corporation for an easement across the southeast corner of Fortenberry Pond site at the southernmost end of Sykes Creek Parkway to April 25, 2006.  Motion carried and ordered unanimously.  (Reconsidered later in the meeting.)

 

 

 

Chair Voltz called for the public hearing to consider resolution creating Fire Service Non-ad Valorem Special Assessment. 

 

Fire Rescue Director William Farmer stated the item is a resolution of intent as required by Florida Statute to demonstrate to the Tax Collector and Property Appraiser the Board’s intent to create an assessment; it is being considered because of the lawsuit with the City of Palm Bay, the Tax Collector, and the Property Appraiser; and regardless of the outcome of the lawsuit, this is a better way to fund both the EMS and Fire programs.  He stated the only option identified to fund EMS is through a transfer of funds from the General Fund millage to the Fire Rescue EMS account; EMS currently appears as a non-ad valorem assessment of $57.53 per billing until on the tax bill; and it is below the line as an assessment.  He advised an estimated $22 million for EMS and $1 million for the Special Response Hazmat Team will be collected through the Countywide General Fund millage.  He stated in order to make room above the line for this increase in the General Fund millage, something needs to be transferred below the line; and they believe the best way to do this is to create a fire service assessment and move it below the line, which means there will appear to be two revenue sources. 

 

Chair Voltz requested Chief Farmer clarify what he means by “below the line”; with Chief Farmer responding above the line are millages, and below the line are the assessments and fees.   

 

Chief Farmer stated the fire service, with the exception of the voter-approved firefighter referendum millage of .6431 mills, will be removed from the aggregate millage and be collected as a special assessment under the non-ad valorem portion of the tax bill as the fire service availability fee.  He stated there will still be an MSTU above the line, but only what was approved by the voters in 1998.  He stated some assumptions have been made, that they will need no more than $22 million for EMS from General Fund, that they will need nor more than $1 million from SRT for the Special Response Team, and that there will be a $26.9 million fire service availability fee special assessment; and the numbers do not necessarily reflect the entire budget because they have some user fees.  He advised the number of billing units they are going to use to calculate the rates will be based on the Property Appraiser’s file; and
explained the billing units, presentation of final rates in Ordinances that are brought to the Board along with the Rate Resolution, and specific rates for each billable unit.  Chief Farmer explained the fire service rate methodology using HAZ Codes developed by the National Fire Protection Association as well as square footage ranges; they are going from a millage rate based on property value to the actual size and what the property does, so there will be a change in amounts; and provided an example.  He displayed a slide showing the methodology used for the charges for vacant land; and provided an example.  He stated they have to respond to a vacant land fire with the same or more equipment as they would to a residential fire; some are in very rural areas where they have to do tanker operations with more personnel; and it is not fair to have some kind of charge for the vacant land that produced one of the worst fires the County had, which was the 1998 wildfires.  He advised they will give credit to those areas that have programs; and advised of examples.  He advised of exceptions that were in place before, but will not be proposed in the ordinance; advised when a parcel has zero taxable value, it does not pay ad valorem taxes; and these include government-owned properties, residential units that qualify for full exemptions, mobile homes, and manufactured homes.  He stated in most cased improved parcels have been paying special assessments for services received; these parcels would still be exempt from the voter-approved referendum; however they will receive a charge for the fire service availability fee.  He stated when it was simply the Fire MSTU, some people would have no charge for their fire service; but as an assessment, it will be across-the-board the same as other assessments like Solid Waste.  He noted Melbourne Village, Palm Shores, and West Melbourne pay into the Fire MSTU based on referendums and incorporation paperwork; the County will continue their service through an interlocal agreement for at least the upcoming year; and the resolution delegates authority to the Fire Chief to meet with the cities and begin negotiations for the interlocal agreements to continue fire service.  He stated government-owned property has in the past been exempt from the EMS assessment and the fire service special assessment of service availability fee; it will not be exempted again; and that will be part of the ordinance, which the Board can modify, revise, or approve at its discretion. 

 

Commissioner Scarborough inquired when will the proposed ordinance come back; with Chief Farmer responding around April, maybe sooner.  Chief Farmer advised it has to come back before August because it has to be in place before the budget process so there is revenue for next year. 

 

Commissioner Pritchard inquired what Chief Farmer is asking for; with Chief Farmer responding: (1) to approve the concepts of the .6431 remaining above the line as a voter-approved referendum, (2) that the EMS assessment be deleted from the Ordinance as it exists now and be funded through a General fund transfer to the 1351 account, (3) staff be allowed to create an ordinance creating an assessment based on square footage and the HAZ Codes of the occupancy, and (4) authorize the Fire Chief to negotiate interlocal agreements with the three cities for provision of fire service at the current level.  County Attorney Scott Knox stated April might be an ambitious timeframe concerning the legal issues; and suggested a timeframe of May or June. 

 

Discussion ensued on the timeframe.

 

Gail Griswald, Treasurer for Melbourne Village, expressed concerns about the issue; and requested input on what is anticipated and intended.  She inquired about provisions of the resolution, whether this is something the County intends to do or whether it is just if forced to do it by court action; provided history of Melbourne Village’s participation in the MSTU; and commented on the cost for fire control in 1989 and in 2003.  She commented on cost of fire control, total Town budget, and timeframe not allowing revenue stream to cover the increase.  She stated the three cities involved have slightly different situations; one does not have an ad valorem tax it can raise; one just instituted an ad valorem tax; and Melbourne Village can probably go to its voters to increase the ad valorem, but she is not sure that option is available for the other two.  She inquired how the County anticipates handling the three cities, where the County thinks the municipalities will get the money to pay for this, is the County going to do this regardless or just if a lawsuit forces it to, what kind of timeframe will the municipalities get to react to this, and will it apply to all properties in the County.  Chief Farmer read aloud from the proposed resolution; stated staff believes it is in the best interest of the service to do the revenue flip; and staff would recommend that regardless of the lawsuit the County go forward with the flip.  He stated as soon as the Board says yes, they can negotiate and come back with something that provides the same level of service, and he will meet with the cities immediately.  He stated all three municipalities are in different directions, so there is not one solution that will address everything; and as industrial is considered commercial property, all properties would be assessed. 

 

Mayor Carol McCormack, Mayor of Palm Shores, stated this took her by surprise as she only heard about it over the weekend; and she spoke briefly with Chief Farmer prior to coming today.  She stated they entered into an MSTU in 1991; they do not have ad valorem taxes; and if the County sends a bill for $100,000 for fire services, they do not have the capability to pass it on or pay it.  She inquired if the County is going to bill the individual homeowners, just moving it from one line to another; with Chief Farmer responding yes.  Mayor McCormack inquired if they would still be paying the same amount; with Chief Farmer responding they are attempting to make it as neutral as possible, but because of square footages and some of the HAZ Codes, that will not be possible.  Mayor McCormack inquired if Chief Farmer is saying it is going to be more equitable because someone living in a 5,000 square-foot home will pay more than somebody who lives in a 1,500 square-foot home; with Chief Farmer responding yes.  Mayor McCormack inquired if in the meantime, the Town of Palm Shores will have no coverage; and advised this is of great concern.  County Manager Peggy Busacca stated when this was discussed at staff level, they realized it may take a community such as Palm Shores some time to create an MSTU or something to that effect, so they understand the first year is going to be something they will have to negotiate, but once it is settled, they can work out anything and will not stop serving Palm Shores.  Mayor McCormack inquired what is wrong with the MSTU they currently have; with Ms. Busacca responding they have a cap of a 10% total; if they were to leave all of the money above the line in the millage, they would go to the cap; so they are required to move some of it below the line as an assessment.  Mayor McCormack stated the
three municipalities would like a little more communication because none of them were aware this was being considered until they were called over the weekend. 

 

Chair Voltz inquired why the three communities were not notified; with Ms. Busacca responding they communicated with City Managers at the City Managers luncheon for two months in a row; but there were no representatives from any of the three municipalities, so she takes responsibility for that and will improve. 

 

Commissioner Colon inquired who is president of the City Managers Association; with Palm Bay City Manager Lee Feldman responding the current president is Jack Schluckebier; of the 15 cities only half have a council/manager form of government; and the meetings are not designed to reach out to the communities that do not have a council/manager form of government.  Commissioner Colon inquired when the new president will take over; with Mr. Feldman responding May.  Commissioner Colon stated they have to speak to Mr. Schluckebier; and they would not even know who was at the meeting or not.  Mr. Feldman stated he is not sure the Managers Association is the proper venue for getting out issues that pertain to the cities; and suggested the Space Coast League of Cities would be a better venue since it deals with all 15 municipalities.      

 

Discussion ensued on inviting city managers to meetings, communication issues, and writing letters to each of the city managers.

 

Mr. Feldman advised of just receiving Chief Farmer’s presentation by email, lack of time to review it, Resolution No. 05-215 that adopted the EMS assessment, $14 million to operate EMS system, trying to raise $22 million from the EMS ad valorem portion, and need for answers.  He commented on the availability fee; increase in the cost of EMS service; legality of doing this with regard to the 10% over rollback; resolving issue before July when millages are adopted; determining cost of fire service for municipalities, etc. that never had to pay for the service before; putting this on the fast track; and budgetary impacts on other governmental entities, School Board, and not-for-profit organizations.  He stated the Board cannot pick this up in July, pass something in September, and expect people to be ready to deal with the expenses associated with it. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution expressing intent of the Board to adopt special assessment for Fire Services in FY 2006-07; and direct the ordinance process be put on a fast track.  Motion carried and ordered; Commissioner Colon voted nay. 

 

 

 

Chair Voltz called for the public hearing to consider revisions to Chapter 82, Personnel, Merit System Policy II, Pay Plan. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve revisions to Merit System Policy II, Pay Plan, concerning pay during sleep time and the addition of language
regarding employees who transport citizens to and from special needs shelters.  Motion carried and ordered unanimously.    

 

 

 

Commissioner Scarborough distributed paperwork; stated there is an assumption that the Chain of Lakes project is a Parks and Recreation project; described the Parks and Recreation referendum property, St. Johns River Water Management District property, college properties, hospital property, and property owned by private individuals; and advised of the efforts of Stormwater Utility Director Ron Jones to get the St. Johns River Water Management District to provide funds to improve the lake system in the area.  He commented on the County signing a contract in mid-December; project involving Parrish Medical Center, Stormwater Utilities, and St. Johns River Water Management District; appraisals being conducted; and expiration of Contract with Roger Smith and counteroffer.  He stated he understands the contract is a mess; they have to comply with Florida Statutes and appraisals; and because the appraisals have been continued, the Board will be looking at appraisals coming back in the next several weeks.  Stormwater Utility Director Ron Jones advised it will be by March 10, 2006.  Commissioner Scarborough stated they will lose the deposit on March 21, 2006 if they do not back out; they have an inspection period; and the contract is the one they will accept.  He stated they will find just before March 21, 2006 that they either have the appraisals and everything is in order, that the Board is about to get the appraisals and will have to ask for an extension, or it will ask for $100,000 back because it is not working.  He stated the property is in the process of being examined by a number of people who want to develop it; if the County wants to proceed, it would be advantageous to move forward with the offer or it will go back under contract because of the location; and he is willing to answer questions. 

 

Commissioner Voltz stated the problem she has is the last time it came on the Agenda, and the Board passed it, two days later it went before the Titusville City Council where it was approved for rezoning; it then went to DCA for a higher zoning; if it is approved by DCA and the appraisal comes back at a higher cost, she is thinking Sarno Road landfill.  She advised she was burned on that and does not want to get burned again; and if the Board agrees to purchase it and two days later the Titusville City Council sends it to DCA for a higher density, she wonders if it is going to be a higher appraisal. 

 

Commissioner Scarborough stated a lot of people in Titusville have been asking the question; he understands they started a land use change to multi-family.  Mr. Jones advised the land use being sought from the City of Titusville was initiated before the County became involved; and it was from a hospital/commercial use to multi-family.  Commissioner Scarborough commented on the timeline for submittal of rezoning application to the City of Titusville and County coming in with a contract, County’s offer for the property, and owners’ ability to sell to whomever they wish at whatever price they wish.  Mr. Jones advised the property is owned by Memorial Medical.  Commissioner Scarborough stated it is owned by a group of individuals who have a right to ask for land use changes; the County offered the group a contract, but it did not respond; there is a
hiatus now in which the County can offer a contract; and if the County does not do it, the City of Titusville will be compelled to go ahead. 

 

Chair Voltz stated she is not going to support it. 

 

Commissioner Carlson inquired what it will be used for if the County is successful in getting it; with Commissioner Scarborough advising of work by BRPH, continuation of the lake system behind the hospital, and desire of a memorial foundation to put historical buildings leading out to the lake system. 

 

Discussion ensued on the project.

 

Motion by Commissioner Scarborough, seconded Commissioner Pritchard, to execute Contract for Sale and Purchase and Addendum with Memorial Medical Complex-Fund I, Ltd. for 26-acre parcel lying east of Parrish Medical Center along the Indian River as part of the Chain of Lakes expansion and relocation of the Parrish Medical Center “Main Street USA” project, as revised to change the words on the last page, paragraph 3 from “buyer accepts” to “parties accept’”, reference specific Florida Statutes for appraisals, and require the person who signs for Memorial Medical Complex-Fund I, Ltd. to present a corporate resolution indicating authority to sign.  Motion carried and ordered; Commissioners Voltz and Colon voted nay. 

 

 

Commissioner Carlson inquired how much water is being filtered through the pond system; with Mr. Jones responding it requires a retrofit to today’s standards of approximately 1,400 acres of drainage area; and the lake systems are approximately 40 acres.

 

 

 

Commissioner Pritchard requested the Board reconsider Item VIII.A.3.  Transportation Engineering Director John Denninghoff advised the Quitclaim Deed releases the only known interest in an existing easement on property the County previously acquired; staff worked out an arrangement with Pulte Home Corporation to Quitclaim its interest in the easement to the County; and described the property.  Mr. Denninghoff noted the action does not enhance Pulte Home Corporation’s ability to develop the parcel next door. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reconsider acceptance of Quitclaim Deed from Pulte Home Corporation for easement across southeast corner of Fortenberry Pond site at southernmost end of Sykes Creek Parkway.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept a Quitclaim Deed from Pulte Home Corporation for an easement across the southeast corner of the Fortenberry Pond site at the southernmost end of the Sykes Creek Parkway.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Carlson read aloud the recommendations of the Recycling Citizens Advisory Committee (RCAC); stated the first to prepare a letter encouraging businesses to increase recycling programs is well intentioned, but a large task; and suggested communicating with Chambers of Commerce who can then communicate to their businesses.  She recommended skipping recommendations 1 and 2, which is to prepare a letter asking the cities to encourage local businesses to recycle; and advised going directly to the businesses would be better.  She stated she has no problem inactivating the Volunteer Speaker’s Bureau because it did not work; the fourth recommendation is to extend the sunset of the RCAC for an additional year; and suggested sunsetting the group and bringing it back in 12 months to see how everything has fared. 

 

Commissioner Pritchard inquired how the first recommendation is preserving the resources of the County since it does not have any aluminum factories or trees it is cutting down for paper; he agrees with encouraging the businesses; and he agrees with sunsetting the group.  He inquired what is the budget for recycling and how much revenue is generated; with Solid Waste Management Director Euri Rodriguez responding approximately $2 million in the curbside program and approximately $200,000 in revenue.  Commissioner Pritchard commented on need for money for roads and raises, and spending $1.8 million in a losing activity not making sense.

 

Discussion ensued on other benefits to the program, needs of the County, State mandate to recycle 30%, economic impact, and staff report prior to January 10, 2006 Board meeting.

 

Amy Tidd, Vice Chair of the RCAC, advised of the goals of the Committee, cost of landfill space, recycling in parks, and purpose of recycling.  She suggested sending letters to the five Chambers of Commerce concerning recycling; and commented on sunsetting the group.   

 

Commissioner Pritchard inquired if landfill space is a real concern; with Mr. Rodriguez responding affirmatively.  Commissioner Pritchard stated it costs more to recycling most item than it does to produce them; with Mr. Rodriguez responding it pays well to recycle certain items, such as aluminum, metals, and other goods; but for others there is not an economic benefit.  Commissioner Pritchard commented on buying high and selling low, stopping programs that just make people feel good but cost $1.8 million, and revenue source for the Cody Plan.

 

Discussion ensued on numbers not adding up, and no need to develop and implement a strategic plan.

 

Motion by Commissioner Carlson, to authorize sending letters to the Chambers of Commerce recommending recycling programs for white paper and cardboard, inactivating the Speaker’s Bureau, and sunset the RCAC until one year from this date.  The motion died for lack of a second.

 

 

Discussion resumed on deficit, doing away with recycling other than curbside, budgetary process, contract with Waste Management that is due in two and one-half years, and carrying loss for two and one-half years.  

 

Motion by Commissioner Pritchard, to stop all recycling except curbside recycling program.  Motion died for lack of a second. 

 

 

Discussion resumed on effect on the Contract with Waste Management, $2 million for curbside recycling, remainder of money spent on recycling less than $50,000, continuing losing proposition, and meeting of minds over Contract.

 

Motion by Commissioner Pritchard, to reach a meeting of the minds with Waste Management to discontinue Contract for recycling.  Motion died for lack of a second.

 

 

Commissioner Colon stated they just want an opportunity to discuss with Waste Management; and they are not taking major action. 

 

Chair Voltz advised there is a Solid Waste Workshop on Thursday.  Mr. Rodriguez advised in March there will be an Agenda item concerning what to do with the Contract; and one of the options is renegotiating.  Commissioner Pritchard inquired how much money the County is losing between now and then; with Mr. Rodriguez responding it is a yearly charge.  Mr. Rodriguez advised if the Board takes no action, the RCAC sunsets on February 28, 2006.    

 

Chair Voltz stated the Board will take no action.   

 

 

County Manager Peggy Busacca advised staff identified recurring and non-recurring revenues as part of the first quarterly budget supplement; and advised of recurring revenues from FP&L, estimated to be $1 million.  She stated the Board has previously discussed priorities, additional LOGT relief, retention of qualified staff, jail expansion, and transportation infrastructure; the jail expansion is already in a deficit of $1.5 million; however those funds will not be needed immediately and the current deficit could be addressed during budget development.  She stated non-recurring revenues have been identified at $2.4 million, excluding the money the Board previously gave to the Sheriff of $2.2 million and land development and contractor licensing of $1.039 million.  She advised staff is recommending $1.2 million in revenues from commercial paper be dedicated to specific capital improvements at the Jail and other County facilities; and
commented about CRA tax increment payments where expenses exceeded projections by $617,000, Parks and Recreation at $680,000, and money to complete construction of the Alzheimer’s Center and Melbourne Beach Historical Town Hall. 

 

Chair Voltz advised of the need for $37,000 to complete the Melbourne Beach Town Hall project.  Ms. Busacca stated the additional balance forward should be dedicated to the buildout of the Courthouse; the County Finance Director has suggested the Board budget the projected Tax Collector’s excess savings on a recurring basis; and that was discussed with the Tax Collector who prefers not to do that.  She stated the Tax Collector has identified that he will be able to return $2 million this year and it can be taken as an advance; and suggested taking the advance and adding it to the $2.4 million to utilize for the buildout for the Courthouse, which leaves the Board with the question of what it would like to do with the $1 million in recurring revenue.        

 

Commissioner Pritchard advised the State Attorney and Public Defender were talking about the allocation of resources and the Courthouse; and one of the concerns was space being fully utilized on a reasonable basis.  He stated he is not comfortable with setting $2.5 million aside to build out a structure when he does not know if it really needs two or four more courtrooms.  Ms. Busacca advised of additional judges who started in 2006, expectation of four additional judges in 2007, accommodations for additional judges, reallocation of existing space, and new courtroom space from hearing rooms; they are suggesting $4 million to accommodate four new judges for 2007; and it would build out the shell that exists today.  Commissioner Pritchard inquired if staff is comfortable saying there is no other alternative to accommodate four judges; and what if they only get two or three judges; with Ms. Busacca responding they will not know until the end of the Legislative Session; and if they wait until that time, they will not be able to meet the buildout requirement for the judges in 2007.  She noted it is a risk; but they have been told they expect additional judges in two years on top of what is allowed in 2007; so even if they spend the money and only get two or three judges, they would still be building out the shell less expensively than it will be two years from now.  Commissioner Pritchard inquired if each judge will have his own courtroom; with Ms. Busacca responding it is dependent on the type of judge, but most of the judges will be felony judges who would use the courtroom 100% of the time. 

 

Discussion ensued on use of courtrooms, using space efficiently and effectively, and courtrooms making a visual statement.

 

Commissioner Pritchard inquired about other alternatives; with Ms. Busacca responding the Board could direct taking a portion of the recurring dollars to bond what could be a larger amount; Building D has completely run out of space; and that is the building they should make three stories because they have the State Attorney’s office and the Public Defender as well as additional staff as we get new judges.  She stated the estimate is between $17.2 and $19 million for the construction; it was staff’s intent to move forward with the buildout of the Justice Center as the immediate need and come back during the Facilities Workshop to discussion other needs for larger amounts of money that will take longer; and Building D will not be complete by the time the judges come in 2007. 

 

Discussion ensued on bonding, reoccurring debt service, $1 million and 20-year bond, Building D costing $17 to $19 million and buildout $4 million, downside of bonding, accruing debt as a
tradeoff with additional escalation of construction costs, effect on bond rating, and booking the Tax Collector’s excess funds as reoccurring revenue.   

 

Finance Director Stephen Burdett advised $24 million would not impact the County; but every time the County goes out for a bond, the rating agencies ask how is the County’s transportation infrastructure funding, what are the needs, what kind of money is the County coming up with, and is there a plan.  He stated he would prefer to give positive information; but as far as the $24 million, he would not worry about that. 

 

Commissioner Pritchard commented on individuals moving from credit card to credit card being detrimental to ones credit rating.  Mr. Burdett advised that is true, but is not an example he would apply to the County government, which is coming up with infrastructural needs; and rating agencies consider how the County manages its infrastructure, judicial needs, transportation needs, health, welfare, and everything else when telling investors that the County’s are good bonds to buy.  He commented on financing capacity of government based on revenues, no legal cap defined in State Constitution as to debt for local governments, and managing resources and infrastructure needs.

 

Commissioner Scarborough commented on plans, different configurations, Board becoming preliminarily involved, capacity to expand, not having redundant costs, and specialists on judicial facilities.  Assistant County Manager Stockton Whitten advised the buildout has followed the same plan that was laid out because the building was built with the shell in mind so it would be expanded.  Commissioner Scarborough inquired if it is not necessary to bring in a special judicial group; with Mr. Whitten responding it is basically a duplication of the third and fourth floors.  Commissioner Scarborough expressed interest in seeing how to build as the need arises at the lowest current price.  Ms. Busacca advised staff has worked with the architect to put this together and has plans that can be provided to the Board.

 

Commissioner Colon commented on bringing the courthouse to South Brevard based on feedback from the judges; and requested an update.  Commissioner Voltz stated the judges would love to go down to the south end of the County; and she has asked for a workshop on facilities.  Ms. Busacca advised a date has not been scheduled yet; it would be helpful to have information from the consultant; different perspective of space needs, Judge Evander’s interest in discussing long-term needs, convening group of courthouse users, and putting together such a meeting before the workshop.

 

Commissioner Pritchard inquired about other options such as night court or weekend court; with Ms. Busacca responding she knows the judges have discussed this; and she will request they provide that information to the Board. 

 

Chair Voltz stated the decision before the Board is what to do with the $1 million.  Ms. Busacca advised there are recurring dollars of $1 million and non-recurring of $2.4 million; the Board does not have to allocate these funds right now; but there are needs and they can begin to move forward.  She advised the recurring funds can be set aside for LOGT, Jail expansion, qualified staff, or transportation.  Commissioner Pritchard expressed preference to not make any specific designation for the monies at this time. 

 

Discussion ensued on pay plan, roads, infrastructure needs, stormwater and flooding issues, using money set aside for Sheriff’s office, land leasing, Facilities Department, and CRA tax increments.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve allocation of additional Balances Forward as follows:  $2,200,000 for the Brevard Sheriff’s Office; $1,039,000 for Land Development/Contractors Licensing; $1,200,000 for Facilities Department; $617,000 for CRA Tax Increment Payments; $680,000 for Parks and Recreation; $60,000 for the North Brevard Alzheimer’s Center; and $37,000 for Melbourne Beach Historical Town Hall.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz stated the Board will consider the Classification and pay Plan Study by Cody and Associates along with the Sheriff’s Salary Plan. 

 

Bob Fuaci, representing the Brevard County Professional Firefighters Local Union 2969, advised their request for salaries falls in line with the study; and commented on cost to train and outfit a firefighter; firefighters leaving for higher paying jobs; $800,000 spent in 2005 on training 33 firefighters who left to go to other departments, not including retirees or dismissals; and comparable departments ratifying contracts that pay public safety personnel a fair and equitable wage.  He requested the Board take appropriate action to fix the problem now; and advised of the Fire Rescue mission statement.  He requested the Board provide the guidance to facilitate a fair and equitable wage package on March 1, 2006, which marks six months that they have had no contract. 

 

Chair Voltz advised the Board is not addressing the firefighters because the contract is under negotiation.  Mr. Fuaci stated they understood that, but felt it was important to make an appearance.  Chair Voltz expressed appreciation for the support of the pay plan; and recognized Sheriff Parker.

 

Sheriff Jack Parker thanked the Board for including the Sheriff’s deputies and employees in the County pay study; stated the study shows that deputies are paid on average $5,000 less per year than other Sheriff’s offices; and advised of salary levels in Osceola County.  He commented on lessening the burden on citizens by making the Sheriff’s office more efficient, addressing the problem of not enough deputies patrolling and a failing 9-1-1 center, elimination of administrative and managerial positions to create savings in the budget, and creation of 15 patrol deputy positions and eight new 9-1-1 dispatchers as well as transfer of deputies back to the streets.  He advised of the objective to save tax dollars on the Jail expansion, consultant’s plan to add 500 beds at a cost of $45 million, and presentation of a plan to include use of sprung tents to add 700 new jail beds and save at least $30 million.  He commented on Board approval of eight new corrections deputies to staff Phase 1 of the Jail, first ten scheduled to be opened in July, identifying 16 civilian positions within the Sheriff’s office to convert to corrections officers, and no budget request for additional correctional positions.  He stated they will be able
to create the positions within the Sheriff’s budget, open tents two and three, have enough tents
for 300 inmates, and be well within meeting the jail expansion plan timetable.  Sheriff Parker stated he is doing everything he can to be fiscally conservative and deliver more service to the citizens without placing financial burden on them; and requested the Board ensure that the deputies and employees are compensated fairly.  He commented on deputies’ salaries, higher cost of living in Brevard County, deputies putting their lives on the line without complaint, and ensuring deputies earn enough to feed their families.  He requested the Board provide him with the funds necessary to comply with the consultant’s recommendations on April 1, 2006; stated the Sheriff’s office would need $2.5 million; to stagger the implementation would require $1.25 million for half of the consultant’s recommendation effective April 1; and then the rest would be done in the next fiscal year.  He stated it is time for the Brevard County Sheriff’s office to stop being the training ground for other counties and agencies; and thanked the Board for its commitment to public safety.

 

Commissioner Colon expressed appreciation to Sheriff Parker. 

 

Scott Pikus, Vice President of the Coastal Florida Public Employees Association (PEA) and the Police Benevolent Association (PBA), advised he has been with the Brevard County Sheriff’s office for 23 years; sitting with him are representatives from Corrections and from the Deputies’ Unit; and seated in the audience are employees who are PEA and PBA members, both sworn and civilian, who have taken annual leave to be present today.  He stated the Union supports the Sheriff’s request to implement the increases as indicated by the Cody and Associates study; and the increased starting pay will allow the Sheriff to recruit and retain highly qualified candidates to work law enforcement, corrections, and civilian positions in the agency.

       

Commissioner Pritchard commented on the County being underpaid, commissioning the Cody and Associates study, and supporting implementation of the recommendations; and inquired how they are going to do it.  Sheriff Parker advised to implement the Cody and Associates recommendations in full from April 1, 2006 with no retro would cost $2.5 million; they heard the County was going to try to do half this year and half next year; and half implementation on April 1 would be $1.25 million.  Commissioner Pritchard stated if they are looking at implementing at $1.25 million, then they need to get a handle on where the other dollars are going to be; he does not want to treat one group different from the other; and if it is going to be April and half, it is going to be April and half for everyone.  He stated he needs a better understanding of how much money they are talking about and where it will come from.  He noted earlier the Board identified $1.8 million from the recycling program, but there may be other areas within the County.  Chair Voltz stated there is a Contract, so the Board cannot count on the $1.8 million. 

     

Commissioner Scarborough stated the Cody Study was for fire, law enforcement, and general employees; but what he is looking at is applying to law enforcement.  County Manager Peggy Busacca advised she provided the best information staff has; they are talking about the cost for twelve months; there has been talk about starting it in April, January, or October, which is confusing; and staff thought if it provided a twelve-month impact, it would be an opportunity for the Board to at least look at everything in the same way.  She stated what they have identified shows what health insurance, the pay plan, cost of living adjustment, and step adjustments for the Sheriff’s office would be; and they identified how much money would come from the General

Fund and how much would come from the MSTU.  She stated she is not talking about Fire Rescue now as that is under negotiation, but for the remainder she has shown the cost to
implement for twelve months including the portion that is General Fund; and there is also money in the Library District, the Park District, and the Mosquito Control District.  Ms. Busacca noted the General Fund impact for the total amount is $9.8 million for one year; the MSTU benefits are $4.478 million for a total impact of $14.35 million within Fire Rescue. 

 

Commissioner Scarborough inquired about the impact of Fire Rescue; with Budget Director Dennis Rogero advising it says three months and $422,000 because there are nine months of funding they think they can roll into the next fiscal year; and the total impact for fire is calculated at approximately $4.3 million. 

 

Discussion ensued on total of $18.6 million, millage increases caused by implementation of everything at one time, implementing over two or three-year period, need to find new dollars on a recurring basis, evaluating in-house how things are done and costs, proposal for 50% of the study being $2.5 million, and impact for this fiscal year being between $3.5 and $4 million.

 

Ms. Busacca advised staff has identified $2.5 in the General Fund; a portion of the Fire Rescue is funded; and the large hit would come in the next year when the Board would have to find the additional money.  She noted Enterprise Funds like Solid Waste can only be utilized in that area, so it does not help with other General Fund agencies.

   

Commissioner Scarborough stated there is increased revenue coming in from different sources; and inquired what was received in additional revenue, General Fund last year; with Mr. Rogero responding it is $25 million in the current fiscal year, and that is the sum of all operating millage revenue increases including Law Enforcement, Mosquito, and Library, General Fund.  Commissioner Pritchard inquired if the $25 million can be used toward salaries; with Assistant County Manager Stockton Whitten responding the $25 million was spread throughout the 17 millages that make up the aggregate operating.  Chair Voltz inquired how much is General Fund revenue; with Mr. Rogero responding $9 million.  Chair Voltz stated that is all the Board is dealing with; and none of the rest matters.  Mr. Whitten advised the Board is not only looking at General Fund, but also the MSTU’s associated with specific services. 

 

Discussion ensued on increase in MSTU’s that could be applied to salaries, implementing half this year, losing employees to other jurisdictions, need for matrix showing where the money will come from for first year implementation and potential for second-year revenues, and detailed review as part of the budget development.

 

Commissioner Pritchard stated he does not want to wait until October; at the least the Board should look at half implementation in April; inquired if staff can give the Board an idea of the amount and where the revenue sources may be.  He noted it sounded earlier that they were approximately $1 million off; with Ms. Busacca responding in the last item, they identified $1 million from FP&L recurring so with the $2.5 million the Board has already put aside and additional FP&L, there would be sufficient money to fund half beginning in April.  She advised
that is half of the Cody and Associates recommendation, which is really only a quarter impact because it is for half a year.

 

Discussion ensued on implementation, costs, millage increases, capacity in the millage rate, and two-year scenario.

 

Commissioner Carlson stated even if they implemented a quarter and then come back next fiscal year, they do not have the capacity to increase the millage to that point.  Ms. Busacca stated the full $18 million would not be required in the General fund; and if they are talking about 12-month implementation, it would be closer to $10 million in the General Fund.  Commissioner Carlson inquired if there is that capacity and is it getting close to the 10% cap; with Ms. Busacca responding yes.

 

Commissioner Colon stated all Commissioners want the same thing, which is to give raises to the firefighters, Sheriff’s personnel, and Board’s employees; but it comes down to whether they can afford it or not; and commented on the study, salary comparisons, and not knowing the numbers.  She stated the raises are not a done deal; they will have to do the raises sooner or later; and the longer they wait, the harder it is going to get.  She stated the raises may not be the full amount; and commented on paying a mortgage and taxes with the current salaries. 

 

Commissioner Pritchard inquired looking at a quarter of the Cody recommendation, how much money are they talking about; with Mr. Whitten responding $3.5 to $4 million.  Commissioner Pritchard inquired how much is set aside; with Ms. Busacca responding $2.5 million in the General Fund has been identified; there is $1 million recurring that the Board has not allocated; and there is some funding set aside in Fire Rescue, although they have estimated that the General Fund may have to supplement that.  Commissioner Pritchard inquired how much is set aside in Fire Rescue; with Mr. Rogero responding approximately $3.5 million.  Commissioner Pritchard advised if they are going with the $4 million, they are $150,000 away, but if they go with $3.5 million, they are over it.  Ms. Busacca advised there is $6,000 left in recurring that is unallocated; but they have some nonrecurring dollars.  Commissioner Pritchard stated he is sure they can find $150,000; he would like to make a motion but is not sure how to word it because the Fire Department is still in negotiations; but he would like to implement at least half of the half on April 1, 2006. 

 

Mr. Fuaci advised their first year request is not even near what Cody and Associations is recommending; and if it met that, they would be happy the first year.  Human Resources Director Frank Abbate stated this is getting into negotiation items, and he does not think the statement was accurate.  Mr. Abbate stated the Board needs to be careful; and suggested the motion be done with the exclusion of the bargaining unit at this time. 

 

Motion by Commissioner Pritchard, to approve implementation of one half of the Cody recommendation in April 2006, excluding LIUNA, Local 678 and IAFF, Local 2629 employees whose labor agreements are being negotiated.

 

 

Commissioner Colon advised the dilemma is not trying to come up with the dollars; it is having to pay it every year from here on; and inquired about the figures for the Board, the Sheriff, and Fire Rescue.  Ms. Busacca advised they have estimated $18 million.  Commissioner Colon stated that is $18 million the Board will have to come up with every year; and that is what she is talking about.  Chair Voltz advised it is not all out of General Fund.  Commissioner Colon stated a good portion of it comes from General Fund; that is why she was saying to be careful because they have to look at the numbers realistically.

 

Commissioner Scarborough inquired if the motion is across the Board except for the Fire Rescue, which is under negotiations, and includes Law Enforcement and the general employees for implementation of one-half on April 1, with the thought that they can come back with everything else, except for Fire Rescue, in the summer to see where they will implement the next step; with Commissioner Pritchard responding that is correct.  Commissioner Pritchard stated he is not making a commitment at this point to go as far as Commissioner Colon alluded because they need to ensure they have the ability to do that; but he is making a commitment to do half of the half, and then they can start looking at numbers and how to do it.  Commissioner Scarborough inquired if when Ms. Busacca ran the numbers it was for Law Enforcement or for general employees and Law Enforcement; with Ms. Busacca responding for everyone, including Fire Rescue.  Commissioner Scarborough advised of the three options.  Ms. Busacca advised it seems an agreement can be reached with Fire; and there will be money to be able to fund the first year of Fire based on the options she has seen.                 

 

Commissioner Scarborough inquired if Fire comes in, are there funds to do Fire in a similar manner; with Ms. Busacca responding yes, assuming they come to a reasonable compromise.  Ms. Busacca stated a certain percentage of Board employees under Cody and Associates would not be given any pay raises; and there was discussion about moving a portion of the COLA up to give to everyone so that everyone would see an increase in their paycheck; and inquired if that is included in the motion.  Commissioner Pritchard stated it has to be; and everyone needs to realize a gain. 

 

Commissioner Scarborough seconded the motion for discussion.  He stated with the motion on the floor, the Board has committed to implement half; and inquired if there are not the funds for next year to do the full implementation, is the obligation just for half.  He stated a raise should not be taken away; and the commitment is to say for the next year, they will be looking at General Revenue.  He read aloud the numbers; and inquired if they are committing the budget to nine-three; with Mr. Rogero responding yes.  Commissioner Scarborough stated they are walking into a situation where the major commitment for next year will be these funds; there was talk about taking a million dollars and borrowing to do some things with the judiciary that were reoccurring; and those types of issues will become more difficult to accomplish.  Mr. Rogero advised the $25 million in additional revenue this year was bringing the aggregate operating millage up to or near the cap of 10%.  Commissioner Scarborough stated he is going to support the motion.     

Commissioner Carlson stated she agrees with Commissioner Scarborough; and inquired if the motion includes supporting the Cody and Associates study and applying it equally to all. 

Commissioner Pritchard stated he is not sure they can use the word Fire since they are in negotiations.  Commissioner Carlson stated not at this time, but it needs to be equitable across the board.

 

Mr.  Whitten clarified the one-half is one-half for half of a year, so it is really a quarter. 

 

Commissioner Colon inquired if Mr. Abbate is comfortable; with Mr. Abbate responding affirmatively.  Mr. Abbate advised he has a couple of additional items relating to the pay study when the motion is done. 

 

Chair Voltz commented on spending money on the study, following through with it, employees deserving a raise, and supporting the motion.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 3:40 p.m. and reconvened at 3:48 p.m.

 

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

 

Mr. Abbate stated there are a variety of proposals that Cody and Associates made along with the salary recommendations; when recruiting for critical managerial or other hard to fill positions the County Manager currently has authority to go to 30%; and the recommendation would increase that to 50%.  He stated they are looking for Board direction for that and for another couple of areas dealing with lateral transfers and establishing a policy of adjusting employee’s salaries upon promotion from an overtime eligible position to overtime exempt position to provide they do not get a pay cut by accepting the higher level position.  

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to authorize the County Manager to approve appointments up to 50% of the minimum when recruiting for critical, managerial, or other hard to fill positions; approve changing the present practice of awarding 10% increase for lateral transfers to no adjustment in pay for this personnel action; and establish a policy of adjusting an employee’s salary upon promotion to an exempt from overtime position from a non-exempt from overtime position to ensure the promoted individual does not receive a pay cut by accepting the higher level position.  Motion carried and ordered unanimously, with Commissioner Scarborough absent from the room. 

 

 

Mr. Abbate requested permission to negotiate with LIUNA, Local 678 in line with what the Board directed for non-bargaining unit positions.

 

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

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct that negotiations with the firefighters be done in a manner consistent with the Board’s direction for non-bargaining unit employees.  Motion carried and ordered unanimously.

 

 

Mr. Abbate stated he provided some salary survey recap information for the County Manager and County Attorney; Cody and Associates did not provide a recommendation; and he is looking for direction whether the Board wants to do anything in the area of County Manager or County Attorney’s specific salaries. 

 

Commissioner Pritchard stated he would like to see recommendations; and inquired when was the last time either had a raise and what percent was it.  He suggested the information be returned at the next meeting.  Mr. Abbate responded he will provide a history as well as some options for the Board’s consideration. 

 

Commissioner Scarborough requested information from adjoining counties on the spreads between the County Manager and top personnel. 

 

Discussion ensued on the information required. 

 

Commissioner Carlson requested information on increases for the County Manager and County Attorney based on performance reviews. 

 

Ms. Busacca inquired if the motion about the implementation included allocating $1 million recurring from the FP&L to the salaries survey; with Commissioner Pritchard responding yes. 

 

Commissioner Pritchard advised the intent is to hold the County Manager accountable for implementing the strategic plan; and performance measures would be developed that would do that.        

 

 

 

Human Resources Director Frank Abbate requested Board direction; and explained the provisions included in the Charter.  He noted the Commissioners’ salaries have remained at $58,308 since January 1, 1997; the Board has the ability to provide direction to prepare an ordinance to increase it to $60,057 or 3%, which is the maximum permissible under the Charter; and if Brevard was a non-charter county, the Commissioners would be at a current annual salary of $79,463. 

 

Commissioner Pritchard advised of the need for public input.  Commissioner Colon expressed preference to take no action.  Commissioner Scarborough advised he agrees with Commissioner Colon; but he could support a motion where anyone voting for the increase would not accrue the benefit.  Chair Voltz advised this has to be addressed every two years, so
the Board could not do that.  Mr. Abbate advised the Board can only establish the salary for a two-year period.  Commissioner Scarborough stated he is uncomfortable doing that; many people volunteer their time; and it is a good sign that the Commissioners have frozen their salaries for almost nine years.

 

The Board reached consensus to take no action to advertise a public hearing to consider an ordinance establishing Commission salaries for the years 2007-08.

 

 

 

Chair Voltz stated she does not think the Board needs to do anything. 

 

County Manager Peggy Busacca stated the Florida Association of Counties requested the Board consider this; there is concern about Senate Bill 1608 that would add legislative restrictions to charter county authority; and it was the issue that brought forth the request for additional lobbying by charter counties, which the Board did not participate in.  She stated Mr. Knox has reviewed it and can give an opinion.  County Attorney Scott Knox stated the version he saw has no impact on the County. 

 

The Board reached consensus to take no action to oppose Senate Bill 1608.

 

 

 

Fire Rescue Chief William Farmer advised during Hurricane Frances, there was personnel in the stations and out of the stations at the Fire Operations Center (FOC); the policy was that no one would be paid for sleep hours; and advised of a meeting with the County Manager where there was discussion about the policy, to whom it would apply, and need for personnel at the FOC.  He stated he also spoke to Mr. Parker who got together with Mr. Jenkins; and together they decided to treat everybody in Fire Rescue the same and pay for sleep hours.  He stated Mr. Jenkins by email directed the Human Resources Director to pay all Fire Rescue staff the same. 

 

Scott Ellis, Clerk of the Courts, inquired on the date of the email; with Chief Farmer responding Monday.  Mr. Ellis noted the email was not done after the hurricane.  Chief Farmer advised the County Manager gave the direction verbally; and explained he was getting confirmation that he had permission from the County Manager, and such permission went from the Public Safety Director to the County Manager to the Human Resources Director.  Mr. Ellis commented on not receiving the information until recently, information not going to County Finance, comments of the County Manager and Board in November 2004, and no mention of verbal policy about paying overtime at that time.  He advised there is a County Policy that says people are not paid to sleep during a storm; that was the policy in other shelters, but not at the FOC, which is the only place that administrative personnel were paid 24 hours a day.  He commented on various
employees who were not paid when they slept including people at the EOC, Animal Shelter people, and people in Special Needs Shelters; request for a policy; and only written policy showing employees are not paid to sleep.  He recommended going back and paying the other people who were in the same situation as the FOC or collecting money from the people at the FOC who were in violation.  He stated another memo was received yesterday from Chief Farmer advising, “employees are not aware of sleeping excluded”; and inquired if they are not aware of it, why did Chief Farmer get a verbal direction from the County Manager.  Chief Farmer advised the policy is that sleep can be excluded if the employees are aware of the fact that those hours are going to be excluded; he was responding to Mr. Ellis’ report that said that expectation was not shared with the employees because the policy was not in existence until after they had worked those hours.

 

Discussion ensued on when the policy was issued, when the work occurred, and disappearance of FEMA forms.  

 

Mr. Ellis stated he wants direction from the Board if it wishes to overrule the memorandum from Human Resources; and if so, he will begin the process of paying the people at the Animal Shelter, Special Needs Shelters, and EOC the same way the people were paid at the FOC.  He stated it is a fairness issue; and it is the Board’s decision. 

 

County Manager Peggy Busacca advised they have estimated for a two-day event, it would cost approximately $75,000; Hurricane Frances was a five-day event; but she does not know how many of those people can recollect what time was spent at the shelters or how many are still employed by the County.

 

Mr. Ellis stated based on interviews, people’s recollections are very clear from that period.   

 

Commissioner Pritchard inquired about employment requirements of various levels of employees; and if upper employees are supposed to be doing anything that comes along without additional compensation.  Ms. Busacca advised the County has that; and the policy that was in place at the time of Hurricane Frances was not as clear as to sleep time, which is why the memo came forward from Mr. Jenkins.  Mr. Abbate advised there was no written policy relating to sleep time; he was not aware of any situation outside of the 24/48 shift work where firefighters were paid for sleep time; during the emergency condition period all employees were eligible for the actual hours worked at double time and a half; but that was changed shortly after Hurricane Frances and the policy has been modified at least twice since then, so it is currently time and a half.  Commissioner Pritchard inquired if the Animal Shelter staff who slept in their cars was more of a volunteer effort than employment requirement; with Mr. Abbate responding he cannot answer that, but they were not compensated for sleep time. 

 

Discussion ensued on why people slept in their cars, whether people stayed near because of fear of being called back, pay for people in other areas compared to pay for those at FOC, whether employees called to duty in emergency situations are required to be there for 24 hours, 12-hour shifts at the FOC and EOC, FOC personnel mandated to stay, and differentiating between people required to be there versus people who choose to be there.

 

Chief Farmer advised when the hurricane passed, there were several employees who did not have habitable homes; and they were allowed to stay at the FOC, but they were not paid. 

 

Commissioner Pritchard stated he is trying to differentiate between mandatory and voluntary as well as job requirement; and someone at the Animal Shelter had to be there eight hours, but not 24 hours.  Ms. Busacca advised people stay for a variety of reasons; in some cases they had to evacuate and had no place else to go; in some cases people stay because they are the only person who can do the job; some people leave and come back; there are shifts when people are required to work; but after the shift people have a variety of reasons to either come or stay at the EOC.  She advised the rules became more rigid after Hurricane Frances, but during Frances no one expected a storm to hit and take three days to get here; and people felt if they went home, they may be trapped there and not able to come back.  

 

Mr. Ellis stated the FOC is the only major County location other than shift firefighters where dozens of people wrote up 24 hours a day for days on end.  Commissioner Pritchard stated the FOC was a requirement; with Mr. Ellis responding according to the memorandum from Mr. Jenkins they were not to be paid to sleep.  Commissioner Pritchard inquired what would Mr. Ellis call sleep; with Mr. Ellis responding according to the legal opinion, it would be when one can go upstairs to a quiet area where no work is going on and get five hours sleep; and described the setup of the Rockledge Courthouse.  Mr. Ellis expressed doubt that 40 people stayed up around the clock four or five days in a row waiting for the hurricane to come; and advised those at the dog track or Special Needs Shelter had a far harder job than the FOC, so if anyone is paid, those people should be paid for 24 hours a day. 

 

Commissioner Pritchard inquired what is the downside; with Ms. Busacca estimating the impact at $150,000 if the Board chooses to pay people who were working outside of the FOC for sleep time.  She stated she does not know the legality of removing pay from people who have already been paid; but everyone can appreciate the impact of taking money away from people; and the decision was based on the verbal direction of the County Manager. 

 

Commissioner Carlson requested clarification on whether or not to take action at this point; and inquired what is the authority of the Clerk’s office to deduct or add pay, if it is something the Board has not approved already.  County Attorney Scott Knox advised the Board could ratify what happened and leave things the way they are, in which case, he does not believe there would be objection to the payment being made.  Mr. Ellis advised of adjustments to paychecks; errors are made when the time card does not follow written County policy; and he is not talking about fraud.  Mr. Knox stated Mr. Hament also opined that the Board can treat the firefighters differently than other employees.  Mr. Ellis noted that is shift firefighters; with Mr. Knox agreeing.  Mr. Ellis advised he is not talking about shift firefighters, but about probation officers, crossing guards, supervisors, secretaries, and finance personnel.  Mr. Knox outlined the choices, to ratify what happened or to equalize as Mr. Ellis suggested; and advised he is not sure Mr. Ellis has the authority to pull money back from people.  Mr. Ellis stated he disagrees because every pay period his staff goes through this with a smaller number of people who were paid overtime but were not supposed to; other things happen in Payroll that are no different than this; he has a written County policy to follow and a policy that was not followed; and it is his job to ensure that policy is followed.  He stated if the Board wishes to issue something in writing to pay the FOC 24 hours a day and not everyone else, which countermands the memo he has from the County Manager, he does not think that is right, but it is acceptable. 

 

Commissioner Scarborough outlined the three options. 

 

Discussion ensued on the options, overriding the memo from the County Manager, treating employees fairly, new policy, examining retroactively persons who should have received money for Hurricane Francis, question of fairness, setting future policy, and treating employees equally.

 

Mr. Ellis stated as a matter of Board policy, anytime it is going to override a policy, it needs to do that in writing.  Chair Voltz agreed.  Commissioner Carlson stated it can be done during a policy committee meeting during the event so everyone understands. 

 

Commissioner Pritchard stated the Board needs to be specific about whether or not a person is there because they are required to be there or because they volunteered. 

 

Discussion ensued on people not wanting to be at the EOC, employees stepping up to the plate when needed, giving clear message of appreciation to employees, and including members of management who are excluded from overtime.

 

Commissioner Pritchard inquired if Ms. Busacca made a dime during the hurricane; with Ms. Busacca responding no. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to ratify the actions taken during Hurricane Frances in terms of payment for personnel in the Fire Operations Center and declined to direct that all employees locked down at their duty stations be paid for all time at said duty stations.  Motion carried and ordered unanimously. 

 

 

Mr. Ellis requested clarification of the motion; and inquired if everybody who has been paid keeps their money and those who were not paid do not get paid; with Chair Voltz responding affirmatively. 

 

 

 

Robert Scalero outlined the process he went through to apply for exemption from educational impact fee; advised two weeks ago he found out he was charged that fee; and requested reversal of that. 

 

Ed Lyon, Permitting and Enforcement Director, stated staff reviewed the information that was recently submitted; there is still information that is missing; and three other contracts were submitted and approved just before the deadline. 

 

Mr. Scalero stated there were four he was going to send in; and explained why one was not submitted. 

 

Chair Voltz inquired what is missing; with Mr. Lyon responding proof that there was a monetary transaction.  Mr. Scalero submitted paperwork to Mr. Lyon. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive educational impact fees for property at 3487 Cappio Drive, Melbourne, as requested by Robert Scalero, contingent on verification of all necessary paperwork.  Motion carried and ordered unanimously.   

 

 

 

Theresa Robinson, President of the Whispering Pines, Lakeview, and Catalina Village Homeowners Association, advised of putting together a Neighborhood Action Plan in 2004, with assistance of Planning and Zoning Department; and commented on clean-up of the area, trash containers, and cleaning ditches in the area.  She advised some of the pipes have started to collapse; and after flooding last year, they decided to work on cleaning the ditches so the runoff would be better.  She advised of a meeting on November 9, 2005 with Commissioner Pritchard and County staff; at that time they were told the equipment had been repaired and would be available after the first of the year; but she started getting conflicting information.  She stated her phone calls were not returned; so she submitted a request to be put on the Agenda and sent a letter to Commissioner Pritchard and to others letting them know what was going on.  She stated after sending the letter, she started getting phone calls and a letter from Commissioner Pritchard.  She stated they would like to have the same service as everyone else in the District.  She advised of recent work being done. 

 

Douglas Brothers expressed concern about the corrosion of the ditches; and commented on the five-year plan and work that needs to be done in the neighborhood. 

 

Evelyn Davis expressed concern about drainage in the area, crushed pipes, no replacement of pipes since 1964, insufficient number of hydrants, and lack of servicing of hydrants

 

Willie Hubbard commented on drainage and holes behind his house, and possibility of someone falling in the holes. 

 

Commissioner Pritchard inquired if one of the holes is a manhole; with Mr. Hubbard responding affirmatively.  Commissioner Pritchard inquired if there is no cover on the manhole; with Mr. Hubbard responding the manhole is covered, but the dirt is caving in.  Commissioner Pritchard inquired what is the location; with Mr. Hubbard responding right behind his house at 3917 Magnolia Court. 

 

Commissioner Pritchard stated they held a neighborhood meeting on November 9, 2005; a variety of things were addressed including guardrail on Lincoln Road and replacement of a gate; and all of that has been done.  He advised of work done in November and December 2005 and January 2006 on A Lane, Lakeview Boulevard, Parrish Road, Lime Street, Burnett Road,
Lincoln Road, and Mobile Avenue including mowing, weedeating, asphalt repair, removal of trash and debris from ditches, and installation of a guardrail.  He stated the issue primarily is the one ditch that requires a special piece of equipment; and advised of calls from Ms. Robinson inquiring about the equipment and actions taken in response.  He stated the specialized piece of equipment that is necessary to clean the ditch is not within the central area; another area owns the equipment; and it was scheduled for February 20, 2006. 

 

*County Attorney Scott Knox’s absence and Assistant County Attorney Terri Jones’ presence was noted at this time.

 

Road and Bridge Director Billy Osborne stated the equipment is borrowed from another area; they had to schedule getting the equipment; and he is not sure where the confusion came from, but there was a period when the equipment had to be repaired.  He advised it has been repaired; it was scheduled; and the work began yesterday. 

 

Commissioner Pritchard stated he sent Ms. Robinson a letter on February 10, 2006 advising the equipment was not available until recently and that work would begin on February 20, 2006. 

 

Ms. Robinson advised of calls to Road and Bridge, phone calls not being returned, clean-up being scheduled, inmates doing the work, rescheduling due to rain, and equipment not being available; and stated she was given the runaround about the equipment necessary and nothing had been scheduled.  She stated she did receive a letter from Commissioner Pritchard after sending a letter to him, Road and Bridge, and Eric Citta; it should not have been necessary; and someone could have returned her call.  

 

Commissioner Pritchard advised of citizen action requests, promise that the ditch on the west side of Burnett Road would be cleaned out after the first of the year, and overgrowth in the ditch causing flooding; and stated he was told that weather permitting, crews would begin work on the ditch the week of February 20, 2006.  He stated Ms. Robinson sent a letter to him on February 9, 2006; his letter to her was dated February 10, 2006; and a lot of what was discussed in November has been done. 

 

Ms. Robinson stated she understands that, understands about Lincoln Road because her sister lives there; shallow ditches would be no problem; the little gate is no problem; but they are talking about bigger issues that they have been told for years would be done, but equipment was in disrepair.  She stated when she sent a letter is the only time she got a response. 

 

Mr. Osborne stated the work started on February 20, 2006; they will be out there working this week until they get the work completed; November 9, 2005 is the first he heard about the cleaning of Burnett Road ditch; but it has been started.  He apologized if there was confusion and staff failed to return phone calls; and stated he was unaware of that, but will look into it.

 

Commissioner Voltz stated the two other issues are the big drainage pipe Ms. Robinson says is collapsing; and requested Mr. Osborne look into that.  She stated the situation behind Mr. Hubbard’s house sounds like a dangerous situation.  Mr. Osborne advised he made a list and will look into those.  

 

Ms. Robinson stated they have photos; behind her house one can see the dirt receding into the ditch; there is a lot of erosion; and it is pushing toward the two pipes.  She stated after a while the water will not be able to go through the pipe so there is work that needs to be done. 

 

Commissioner Pritchard advised of problems with the slope of the ditch on Burnett Road and erosion problems; and stated the concern is because of the definition of what is public and what is private property.  He commented on having staff go out to the area and report on the erosion situation and efforts of the neighbors to prevent erosion.  He stated if it is a public easement creating a problem, it needs to be addressed; but if it is a private issue, he is not sure how it can be addressed. 

 

Ms. Robinson stated she does not think these are private issues; some residents have fences almost back to the ditch; and they will have to be removed.  She stated there are many ditches in that area; they feed from one to another; and unless they are cleaned out, there is going to be a bad situation.  

 

Discussion ensued on getting the situation squared away, showing the residents the areas that are going to be done, telling the residents how long the equipment will be there, equipment being only for Burnett Road, and other ditches already cleaned.

 

Commissioner Pritchard stated they need to find out if there are other ditches that need to be cleaned.  Mr. Osborne stated he will contact Ms. Robinson and meet with her onsite with the Manager of that area; and they will look into the different areas and write down a list of areas that need work.  He stated they will determine if it is public or private and if there are easements. 

 

Commissioner Pritchard stated Stormwater Utility Director Ron Jones was also at the meeting because one of the issues involved flooding, sheetflow, and how to accommodate Range Road on the north side of S.R. 520.  He stated everything is supposed to flow south down to Pluckebaum Road and west under I-95; they are looking at a variety of fixes to make sure this works; and requested Mr. Jones provide an update on where they are with the fix. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to grant permission to advertise a public hearing on March 7, 2006 to consider an ordinance creating Section 106-6 of the Brevard County Code regarding emergency services limited access railway obstructions at railroad crossings.

 

 

Commissioner Carlson inquired if the County has the authority to do this.  Chair Voltz stated trains that are moving cannot stop; but the problem is the ones that just sit there. 

 

Assistant County Attorney Terri Jones advised the federal government regulates train traffic; it has given local governments one small exception; and that is for a local safety hazard that is not already regulated by the federal government.  She stated the only thing the County can regulate is if they are stopping and blocking railroad crossings; and advised of the situation in Barefoot Bay with stopped trains blocking ambulance services. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Assistant County Attorney Terri Jones stated the intent was to have a settlement; but Attorney Rick Torpy who represents Ms. Webber and Ms. Cullen advises they wish to sell the property.  She stated there is a March 3, 2006 appellate deadline for Judge Silvernail’s order so the Board will either have to consider the item at the workshop or the Zoning meeting before that. 

 

Chair Voltz inquired if the Board needs to do anything; with Ms. Jones responding not today.  Commissioner Carlson stated this may not come back to her District, but it may come to another Commissioners’ District. 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 4:58 p.m.

 

 

 

                                                                        _____________________________________

ATTEST:                                                         HELEN VOLTZ, CHAIR

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

______________________

SCOTT ELLIS, CLERK

 

  (S E A L)