MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 13, 2005

 

 

The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on October 13, 2005, at 1:05 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to write letters to each member of the Legislative Delegation requesting they meet with the Review Committee concerning the State grant for $300,000 for the Pritchard House.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to request Paul Gougelman review the history of the Future Land Use Map issue; and approve funding from unencumbered funds for Mr. Gougelman’s services.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca stated she would bring a draft map next week to show the Board; and the issue for the investigation with Mr. Gougelman is to see what has happened in the past, why the map looks like it does today, and to address the accusations made of misdoings on staff’s part.  Commissioner Voltz noted because of all the accusations made, the Board needs to get the history of what happened from an independent person in order to set the record straight. 

 

Chairman Pritchard advised if the FLUM the County develops can only show County-owned property, a conservation map for the entire County should be made showing every ownership such as State, Federal, Municipalities and private, of land set aside for conservation. 

 

Natural Resources Management Director Ernie Brown noted the Governor made some recommendations that require the Board’s immediate consideration; and briefly highlighted each of the four recommendations. 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to support a meeting organized by the Governor’s Office to meet with the Colonel of the Army Corps of Engineer’s Jacksonville District Office,  Senator  Nelson,  Senator  Martinez, and  Congressman  Weldon to

 

address permitting, legislative, and funding needs of the Mid Reach; and to approve attendance to said meeting by County staff and Commissioners Voltz, Carlson, and Colon.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to direct staff to engage the services of the County’s consulting coastal engineer to prepare and submit permit applications for another dune stabilization project to be constructed as an interim measure in the Mid Reach in FY 05-06.  Motion carried and ordered unanimously.

 

 

Mr. Brown noted Governor Bush directed that for cost-efficiency and environmental concerns the material should be dredged from an offshore borrow area and not trucked from upland borrow pits; the Governor plans to seek State funds for the construction effort to proceed as early as December 2005, pending permit approvals; and the Board may need to front up to $400,000 for expedited permitting and development of plans and specifications. 

 

County Manager Peggy Busacca advised the money could be taken from non-reoccurring dollars since it will be reimbursed by the State. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson,  to direct staff to amend the County’s FY 06-07 Long-range Budget Request to include a request for constructing a 3.5 –mile conventional scale beach nourishment and a 4.1-mile minimum scale beach/dune truck haul in the Mid Reach in FY 06-07, with all related permitting, plans and specification development, and monitoring; and adjust the pending legislative packet to reflect the additional State funding needed and bring back options for funding the local costs.    Motion carried and ordered unanimously.

 

 

Mr. Brown advised  the Board that estimated project costs of $37.6 million will require State funds of $6.5 to $15.3 million, and County match of $22.9 to $30.8 million, estimated in FY 06-07 dollars, including monitoring, pending determination of State cost share percentage. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to include $25,000 in the County’s FY 06-07 Long-range Budget Request amendment to reevaluate the economic feasibility of conventional scale beach renourishment in the South Beaches.  Motion carried and ordered unanimously. 

 

 

Mr. Brown advised the Board the local match requirement from the TDC beach improvement fund would be $12,500. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to appoint Homer Long to serve on the Zoning Board of Adjustment, replacing Marisa Magill, with term expiring December 31, 2006.  Motion carried and ordered unanimously.

Commissioner Carlson noted the efficiency of Commissioner Scarborough’s suggestion of working issues out in the office rather than the Commission Meetings; and inquired if an uncontested section could be placed on the zoning agendas. 

 

County Attorney Scott Knox advised if there is a problem or controversy with an item passed under the uncontested section then it can be pulled from such section for discussion.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to direct staff to include an uncontested section on its zoning agendas.  Motion carried and ordered unanimously.

 

 

Chairman Pritchard requested staff do a preliminary review of the new Growth Management Legislation and prepare information for the Board on major items, namely transportation, schools, and water supply.  He advised the Board needs to know the fiscal impacts, date of compliance, interface with other governments, including the School Board, the overall effects the Board is going to have to address, the impact the Legislation will have on planning and zoning approvals, the Comprehensive Plan, and what new rules and interlocal agreements the Board will have to approve so the citizens can be made aware of the proposals; and noted if a glitch bill is likely going to pass when the County starts the budget workshops, there could be some kind of growth management workshop later in the year after the glitch bill was done.

 

The Board reached consensus for staff to do a preliminary review of new Growth Management Legislation. 

 

 

 

Mel Scott advised Brevard County adopted the Florida Statutes in 1988 and rated the roadway segments with a level of service in 1989 with a letter grade ranging from A (minimum traffic) to E (gridlock).  He noted the levels of service have never been changed; policy provides for community discussion to take place when a roadway reaches a service level of C; and suggested the Board re-evaluate the roads and if applicable, increase the level of service to be C so the community can be involved in the decision making.

 

 

 

Mary Lorkovic, Shirley Lynn, Mildred Williams, Martha Franco, and Lang Houston advised of the great need to reconstruct Dixon Boulevard in Cocoa. 

 

Chairman Pritchard noted Dixon Boulevard’s actual capacity is 13,670 vehicles per day and it is built for 34,500. 

 

John Titkavich advised of the many needs in regard to Dixon Boulevard; noted the City of Cocoa hopes to continue the partnership; and thanked the Board for its consideration.

Cathy Biddle presented the Board with pictures of Sunflower Drive in the Port St. John area and requested the Board authorize reconstruction of the road. 

 

Commissioner Carlson inquired a timeframe from staff.  Road and Bridge Director Billy Osborne replied Sunflower Drive is on the list for resurfacing this year. 

 

 

Carol O’Neill noted Barnes Boulevard needs to be widened from Fiske Boulevard to Murrell Road and from Murrell Road to US 1. 

 

Commissioner Carlson advised the capacity on Fiske Boulevard to Murrell Road segment of Barnes Boulevard is 19,250 and the maximum acceptable volume is 23,500,  and from  Murrell Road to  US 1 the actual capacity is 11,470 and its maximum acceptable volume is 23,500.  She stated the more urgent need is Fiske Boulevard to Murrell Road and it will be discussed today.

 

Rockledge City Manager Jim McKnight advised of the City’s need to have Barnes Boulevard included on the project list.

 

 

Tuck Ferrell proposed Palm Bay Parkway and other road connectors to alleviate some of the crowding on other roads; and suggested if the Board could find some revenue sources, partnerships and sharing could be formed with private owners to make the road systems more efficient. 

 

 

Maureen Rupe advised of the need for road reconstruction throughout Port St. John.

 

 

The meeting recessed at 2:45 p.m. and reconvened at 2:55 p.m.

 

 

 

Chairman Pritchard called for the public hearing to consider an ordinance extending the Local Option Gas Tax.

 

Cocoa City Manager Ric Holt advised of the City’s support of extending the Local Option Gas Tax another five years to 2026, provided every participant in the Interocal Agreement has a funded project on the list. 

 

Mark Vorce recommended raising impact fees and gas tax to pay for the County’s road improvements.

 

Amy Tidd expressed her support of 100% impact fees and requested the Board support a motion to allow the Commissioners who do support 100% impact fees to implement in the corresponding district. 

 

Discussion ensued on Ms. Tidd’s request.

 

Friley Knight suggested maximizing various taxes and fees to fund roadways and made special note of Dixon Boulevard’s need for improvement.

 

Sondra Ball requested equal allocation of LOGT dollars to the North County for various roads including Barna Avenue in Titusville.

 

Scott Ellis recommended using LOGT for street maintenance, impact fees for intersection improvements, and a 20-year bond for major projects; and noted the absence of an overall list of road priorities. 

 

Ken Ward, Vice Mayor of the County Seat, noted the City of Titusville has not taken formal action on the request to extend the LOGT as of yet, and if the LOGT is extended, the funds should be evenly distributed among the District 5.

 

Conrad Eigenmann requested on behalf of the City of Titusville, its fair share of the LOGT funds to rebuild County roads in District 1 that have gone without maintenance and are now structurally unsound. 

 

Commissioner Scarborough noted if the Board took action to extend LOGT, it would require concurrence from some of the cities to enable a 20-year bond, and if the Board decides not to bond, after doing Pineda the remaining dollar amount would be about $2 million per District.

 

Chairman Pritchard requested Clerk of Court Scott Ellis advise of the cost of borrowing for the additional five years.  Mr. Ellis replied a 15-year bond would net $39 million and would cost $52 million to pay back; and a 20-year bond would net $47 million and would cost $70 million to pay back.  Chairman Pritchard responded it is similar to a mortgage.

 

Chairman Pritchard stated he does not see how to get everything done unless the LOGT is extended. 

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt an Ordinance amending Ordinances No. 88-15, 97-06, and 99-40 of Brevard County, Florida; reestablishing and extending the term of the Local Option Fuel Tax imposed upon every gallon of motor fuel and diesel fuel sold in Brevard County; and providing an effective date.

Commissioner Voltz advised it could pay now or pay later, and she would like to pay now at today’s price and get more done.

 

Commissioner Carlson expressed her agreement with the extension but noted her disagreement with using the funds for maintenance issues, resurfacing especially. 

 

Discussion continued over items on the project list. 

 

Chairman Pritchard called for the vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Transportation Engineering Director John Denninghoff advised the next step is to ask the cities to enter into an interlocal agreement for the extended period of time which is the last five years of the LOGT rather than to amend the existing Interlocal Agreement. 

 

Commissioner Scarborough noted the agreement extends the full portion of the monies not just the County’s portion, and will enable cities to undertake projects with its own share of the LOGT.  Mr. Denninghoff replied the current distribution on the LOGT proceeds for the entire County are divided amongst the Counties and the cities, with the cities collectively receiving just under 53% and the County receiving just over 47%; under the Statutes, the funds could be spent on transportation projects, maintenance or construction; and the County’s 47% will yield $3.5 million a year. 

 

Assistant County Manager Stockton Whitten stated the total annual LOGT is $7 million and the Board has relieved $3.5 million of that for debt services.

 

Mr. Denninghoff noted the distribution of the remainder of the LOGT is $1.66 million a year going to Roadways and Landscaping for maintenance, $580,000 going to Traffic Engineering, $121,000 going to the Survey section, $870,000 for Transit and $60,000 for the Metropolitan Planning Organization (MPO).

 

County Manager Peggy Busacca advised Roadways and Landscaping’s total is $1.6 million away from the traditional amount the Board has used in the past, and LOGT has never gone 100% to simply road construction.  Commissioner Voltz replied the Board would be discussing how to replace the $1.6 million at the mid-year budget as it is a priority. 

 

Discussion continued on the Interlocal Agreement for the Local Option Gas Tax.

 

Mr. Denninghoff stated instead of amending the existing Agreement, it would be best to create a new agreement that covers the extended period for the LOGT.

 

County Attorney Scott Knox advised to make sure to get the Bond Counsel’s approval.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to direct staff to request the cities enter into new interlocal agreements for the five-year extension of the Local Option Gas Tax, and make sure the County’s Bond Counsel concurs with such agreements.  Motion carried and ordered unanimously.  

 

Commissioner Voltz inquired what it would cost for reconstruction of a small section of Micco Road between Dottie Lane and Dan Logan’s property. 

 

Road and Bridge Director Billy Osborne responded around $120,000 to $130,000 for a half-mile section for reconstruction only, and clarifying reconstruction does not include drainage or sidewalks.  Commissioner Voltz requested to add the section with a price of $200,000 onto Hollywood Boulevard. 

 

Transportation Engineering Director John Denninghoff inquired if the $200,000 would come out of the $3 million for Hollywood Boulevard; and Commissioner Voltz responded in the affirmative.

 

Mr. Denninghoff advised of a possible discrepancy in the numbers on the 20-year bond, stating the total amount might be $45.9 million rather than the $47 million first quoted, and if that occurs each District would have to reduce the project list by $220,000. 

 

Commissioner Scarborough requested the Board consider adding in the $110,000 in recurring general revenue to the Bond Project list, which is approximately $1.3 million over 20 years, and gives each District $260,000 total with a $40,000 surplus as compared to the original figures.   

 

Motion by Commissioner Colon, seconded by Commissioner Carlson to add $110,000 in recurring general revenue that is unencumbered in the Local Option Gas Tax Bond Project list, which is approximately $1.3 million over 20 years.   

 

 

Commissioner Scarborough noted he has a problem with the issues surrounding Dixon Boulevard; he believes a County road should be treated the same way whether it is within a city or a county; and Cocoa should not be put into the place of having to take it over.

 

Chairman Pritchard advised he has allocated a $1.5 million to restore the road and that includes signalization improvements. 

 

Chairman Pritchard called for the vote on the motion.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson inquired if there has been enough dialog with the cities concerning the Interlocal Agreement.  Mr. Denninghoff replied yes but he wants to clarify that a number of the projects are predicated upon the assumption that the city will participate with the project in one form or another; many of the cities are to accept responsibility for the maintenance of the road in perpetuity after the improvements are completed; and in the case of Barnes Boulevard, Rockledge is currently contributing  50%  of the impact fee proceeds towards the project and the

County will expect that to continue.  He noted it would be appropriate to work all of those conditions out with the cities and complete an interlocal agreement that states the conditions; and staff can start on that and bring it back to the Board for final ratification. 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve the Local Option Gas Tax Bond Project List.  Motion carried and ordered unanimously. 

 

 

Discussion ensued on impact fees and allowing the Commissioners who have the support of the appropriate city to implement within the appropriate District. 

 

 

The meeting recessed at 3:35 p.m. and reconvened at 3:50 p.m.

 

 

Norma Adams advised Department of Transportation (DOT) is revising the National standard for height of median barriers to be taller due to the bigger size of vehicles on the roads such as SUVs; and recommended the Board urge the Legislative Delegation to work with DOT to use the newer design when widening portions of I-95.

 

 

County Manager Peggy Busacca expressed her appreciation to Leigh Holt and Al Yorston who put together the Legislative packet; and stated it was the best constructed packet, contained many improvements, and included additional information such as committees related to the topic, coalitions that support or oppose the issue, and the Legislators that support the issue.  

 

Ms. Busacca introduced Lori Hunley as the new Legislative Delegation Coordinator. 

 

Commissioner Carlson inquired why the portability piece was missing.  Ms. Holt responded she is looking at all the Delegation’s prefiled bills dealing with homestead, portability, and valuation to see the commonalities; and it will be put together soon and presented to the Board for direction.

 

Commissioner Carlson requested the number of people on a Medicaid Waiver waiting list be updated for the packet because she believes it to have gone down in the past two months.

 

Chairman Pritchard inquired about TRIM notices being included.  Ms. Busacca replied it is thought the issue might be included on the bills from the Delegation regarding portability, and will be put together soon.  Chairman Pritchard inquired if the portability is the 3% Save Our Homes cap.  Ms. Busacca responded in the affirmative.

 

Chairman Pritchard commented on the Florida Motor Fuel Marketing Practices Act in Suwannee County, the illegal use of fireworks, removing the word “paid” as a state requirement for legal advertising, and advertising for public hearing notices. 

 

Commissioner Carlson suggested looking into real estate transaction fees as an alternative to impact fees.

 

Commissioner Voltz advised she is trying to get the Marine Fuel Tax cap removed in order to provide for all marine issues and she would like that to be included.  Ms. Busacca pointed out its location in the packet and noted it could be modified. 

 

Natural Resources Management Director Ernie Brown noted he did not address the additional funding request for next year’s Shoreline Erosion Activities on page 16 of the packet, and proposed asking the Legislative Delegation to increase the $30 million Trust Fund dedicated through the Department of Environmental Protection for erosion control assistance to $45.3 million.  The Board agreed and decided to move the package as a whole.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Proposed 2006 Legislative Requests, as amended, including Erosion Control Assistance, and additional items proposed by Chairman Pritchard, including TRIM notices and people getting two or more in one month, the portability issue and 3% Save Our Homes cap, Florida Motor Fuel Marketing Practices Act, prohibiting the use of fireworks and closing the waiver in Florida Statute 791, removing the word “paid” as a State requirement for legal advertising, guardrails on I-95, real estate transaction fees, and a statute requiring when individual letters are sent to the population advertising public hearings for non-ad valorem assessments that such letters not be necessary if the increase is $1.00 or less, and is the full wording of the statute necessary in the body of the letter as it is too confusing and alarming to the public when the County complies with State law requirements.  Motion carried and ordered unanimously.

 

 

 

Legislative Delegation Coordinator Leigh Holt advised the Legislative Delegation Workshop has been changed to December 15, 2005; all of the Delegation, the Board and Mr. Thrasher have confirmed the date; and it will be brought under an agenda item on October 25, 2006 for approval by the Board.

 

 

Upon motion and vote, the meeting was adjourned at 4:10 p.m.

 

 

 

                                                                                                                                                           

                                                                                      RON PRITCHARD, D.P.A., CHAIRMAN

                                                                                      BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                                       BREVARD COUNTY, FLORIDA

 

 

 

 

SCOTT ELLIS, CLERK                             

 

 

 

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