BREVARD COUNTY, FLORIDA

August 23, 1995

The Board of County Commissioners of Brevard County, Florida, met in special session on August 23, 1995, at 6:00 p.m. in the Palm Bay City Hall, 120 Malabar Road S.E., Palm Bay, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Mark Cook and Scott Ellis, Assistant County Manager Stephen Peffer, and County Attorney Scott Knox. Absent were: Commissioner Randy O'Brien and County Manager Tom Jenkins.

Commissioner Higgs led the assembly in the Pledge of Allegiance.

Chairman Higgs requested the County Attorney give an update on the Sheridan Road closure.

County Attorney Scott Knox stated the Town of Melbourne Village has offered to try and settle the matter prior to tomorrow's hearing on the road closure; and the gist of its settlement proposal is set forth in Paragraph 2 which indicates it is willing to open the road if the County would resurface its roads and have the signage in place for the detour to Nasa Boulevard, and indemnify the Town for any liability.

Motion by Commissioner Cook, seconded for discussion by Commissioner Ellis, to reject offer of settlement with the Town of Melbourne Village regarding the closure of Sheridan Road.

Commissioner Ellis stated he would like to propose a counteroffer to include not pulling the signage down on Nasa Boulevard, offering signage, as necessary, within Melbourne Village, and look into the possibility of providing a deputy sheriff at the location. He noted he does not believe there is any way possible to resurface the road; and there are not that many cars that go that way.

Chairman Higgs inquired what about indemnifying the Town for any liability; with Commissioner Ellis responding negatively.

Commissioner Cook inquired what would be the purpose for the additional officer; with Commissioner Ellis responding to have people slow down. Commissioner Cook stated the Town has a police force; and if it was concerned about the traffic speed and so forth, it could have officers to control that with the Town's limits. Commissioner Cook expressed concern about putting a counteroffer on the table as it would delay the hearing tomorrow morning.

Discussion ensued regarding the hearing and proposed counteroffer.

Commissioner Cook stated he would be willing to have a special meeting called by the Chairman of the Board, pending the outcome of tomorrow's hearing; at this point, there is no way the Board can counteroffer without delaying such hearing; and it does not know what the outcome is going to be.

Chairman Higgs stated she is willing to go along with a counteroffer; the terms Commissioner Ellis has excluded are fine; the County should add in providing a deputy sheriff up to 35 hours per week at the location; her goal is to get the road opened and get something done; the County has gone more than half way to meet this and provide assistance; and the counteroffer would be extremely reasonable.

Commissioner Cook expressed concern that the Town Council is not going to be in a position of accepting an offer until it meets tomorrow night; if the County proposes a counteroffer, then the Council is going to say it has to meet to consider the counteroffer; tomorrow morning the judge may say the County has already offered a counteroffer to the Town's proposal; he could allow the Town to consider such proposal; and what it is doing is keeping the road closed. He noted his concern is then there will be a new court date which will be in two or three weeks; by that time, the project is over; and the road still remains closed. He stated the County has a compelling case to go to the judge tomorrow on the closure of the road; and he does not want to jeopardize that. Chairman Higgs stated the County does not know if it will get a ruling tomorrow.

Commissioner Cook stated his problem is if the County keeps coming up with proposals, the project will be over by the time anybody comes to a conclusion; the County has a compelling reason to open Sheridan Road; he would hope the judge would agree with it; he is afraid if it complicates the process at this point that it runs the risk of delaying action; and the County does not have to counteroffer until the judge makes a decision.

Chairman Higgs called for a vote on the motion to reject offer of settlement with Town of Melbourne Village regarding the closure of Sheridan Road. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the County Attorney to settle the case, if necessary, providing that signage at Nasa Boulevard and Wickham Road will remain the same, the County will offer signage in Melbourne Village if requested, and to provide a deputy sheriff or policeman up to 35 hours per week at the location, whether it be through the Sheriff's Department or Town of Melbourne Village's Police Department. Motion carried and ordered unanimously.

Gary Garrison, District Manager for Melbourne-Tillman Water Control District, introduced the District's Board members, including Veronica Autrey, President, Michael Horne, Jack Maney, Keith Mills, William Dixon, Attorney, Al Pennell, Engineer, and Rita Hutchinson, Secretary. He stated the District has presented the proposed rate increase and budget to its Board; it has gone through public hearings; the rates the District is requesting this year include three land classifications; in the residential classification, it is requesting a rate of $14.96 per lot, acre or a portion thereof; and it is an annual increase of $1.36. He noted for the agricultural land classification, the District is

requesting a rate of $5.24 per lot, acre or a portion thereof; it is an annual increase of 48 cents; the commercial is $29.07 per lot, acre or a portion thereof; and it has an annual increase of $2.64. Mr. Garrison advised the District has held two public hearings; such District is approximately 100 square miles in area; its boundaries include U.S. 192 on the north, Babcock Street on the east, Palm Bay on the south, and the St. Johns River boundary is on the west. He advised within the 100-square mile area, the District is charged with the day-to-day maintenance of over 200 miles of canals; and its major project in the past two years has been the Western Diversion Project. He explained maps to the Board and audience regarding such Project; and stated the increase on each rate for this year is entirely going to the Project.

Commissioner Cook stated there is $1,300 listed for car phones, and inquired what does it entail; with Mr. Garrison responding it is for two car phones. Commissioner Cook stated it seems like an exorbitant amount of money for two car phones. Mr. Garrison responded it is not only for the purchase, but it is the yearly expense. Commissioner Cook inquired does it include air time; with Mr. Garrison responding affirmatively.

Commissioner Cook inquired about the wood chipper for $18,000, chain saws and equipment for $2,000, and copy machine at $5,500; and Mr. Garrison explained each item to the Board. Commissioner Cook inquired about the engineering geo-tech; with Mr. Garrison responding it is for the Western Diversion Project and includes construction plan documents, construction permit approvals, actual construction costs of Phase I, construction plans and documents for the weir.

Chairman Higgs stated in the itemized list of expenses, the District is showing approximately a 20% increase on health care costs; and inquired why is there such an increase this year and does it pay for the employee contribution and all dependents. Ms. Hutchinson responded it pays 50% of the cost for dependents. Chairman Higgs stated there is a decided difference in what the District pays for its employees in terms of health care costs compared to what the County pays.

Madeleine Lafferty, 3145 Hield Road, Melbourne, stated the County Commission has always been in favor of less government; and inquired why is the County in such a hurry to rezone the C-67 Canal for a road. She stated such road is going to increase taxes; it is a back door tax increase for Melbourne-Tillman Water Control District; and inquired does anyone care and do the citizens have a say in this matter. She noted the C-67 Canal does not need to be rezoned for a back door tax increase; she has been told by elected officials that if such Canal is rezoned for a road, said road will flood and be under water; the citizens do not need a back door tax increase for Melbourne-Tillman; and requested the County Commission stop tax hikes and keep local government down.

Barbara Dillabough, 3670 Buddy Drive, Melbourne, stated she does not want any more government or increases in taxes; there should be cuts in salaries, including herself; wages should be frozen; she is one of the thousands who was flooded out of her home August 1, 1995; and if the Tillman Canal had been cleaned and not had trees and growth in it, there would not have been so much water. She stated if the flood gates of the Tillman Canal had been opened earlier, it could have stopped the flooding; and requested the County stop spending and cut back instead of giving raises.

Commissioner Ellis stated Melbourne-Tillman does not pay for any roads, so whatever increase it is asking for is not to build roads; if the road is built, it would be a County or City project; and there is no rezoning required to use a public right-of-way for a road. He advised he called the Water Control District on Wednesday; the Tillman dam was open and had been open since Monday; he also called St. Johns River Water Management District in Palatka on Thursday morning; it said there was no need to open C-54 Canal because it did not have the heavy rains in Indian River County; and the rains had fallen in Brevard County north of C-54 Canal. He noted the issue of a road along any canal right-of-way does not affect the rate hearing for Melbourne-Tillman as it would not pay for the road anyway; and if a road is put in along the upper banks instead of the lower banks of a canal, it would not flood unless the entire city flooded.

Chairman Higgs stated she has been to Ms. Dillabough's neighborhood twice in the last week; there are some areas the County has identified that need immediate attention; and the Road and Bridge crew will be out there.

Commissioner Cook inquired about travel expenses for Melbourne-Tillman Water Control District. Mr. Garrison responded the travel is a line item the District uses for recertification; 10 aquatic employees go through it which constitutes two annual meetings held at various places around the State; such recertification is in lieu of having to go through extensive training; and it is a Statewide program.

Chairman Higgs stated the action needed tonight is to tentatively approve the proposed rates or some rate; the final hearing on those rates will be before the County Commission as a part of the budget process; and such hearing will be held on September 20, 1995 at the Government Center.

Commissioner Cook stated he has a serious problem with a 10% increase; the County Commission has asked all County departments to cut back; it is trying to reach a 5% decrease in the County budget; and he cannot support an increase of 10%.

Commissioner Ellis stated he does not want to approve 10%, but the County Commission needs to approve enough to cover the cost of living; the Tillman District is taxed by parcel; so it has no additional tax increments for new construction or for an increase in values.

Chairman Higgs stated she can support a 4% or 5% increase. Commissioner Cook stated a 10% increase is too much. Chairman Higgs stated the Commission could tentatively set the rate at a 5% increase; the Water Control District would have the opportunity to review this again; and the Commission's final hearing will be on September 20, 1995. Commissioner Scarborough stated the Districts 3 and 5 Commissioners have to vote in the affirmative on the motion.

Mr. Garrison reiterated that the requested 10% increase is totally for the Western Diversion Project; the District has cut back considerably; it is years behind; he cannot emphasize this enough; every year it delays is tremendous for it; and this is not for operations or salary increases.

Chairman Higgs inquired does the total requested increase represent the ability to move forward with the Western Diversion Project; with Mr. Garrison responding absolutely. Mr. Garrison stated he does not know how more affective the District can get; it buys used materials; and it cannot cut any more. Chairman Higgs stated she is familiar with the way the District buys equipment and things; and the County has been impressed by its diligence in that effort.

Commissioner Cook stated it does not sound like much when you say $1.36; in 1950, the average wage earner paid between 1% and 5% in local, State and National taxes; today the average wage earner pays almost 40% of his or her income in taxes; somewhere the line has to be drawn; it is an onerous burden; and as a tentative budget, he would be willing to consider something less. Commissioner Cook expressed concerns about the District's insurance; there are some things it offers to its employees that the County does not offer to its employees; and requested a breakdown on the travel from last year.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant tentative approval of a 5% rate increase for the Melbourne-Tillman Water Control District for FY 1996.

Commissioner Cook stated a 4% increase would be reasonable.

Chairman Higgs stated the Western Diversion Project is an important investment Project that will save the taxpayers significant dollars in the long run; when the fresh water can be pulled out of the Indian River, there will be a significant ability to restore the Lagoon; and she can support a 7% increase.

Commissioner Scarborough withdrew the second to the motion.

Mr. Garrison reiterated the requested increase is not for operational; it is not for health care, travel, or an additional employee; it is for the Western Diversion Project; and if the District was not doing such Project, it would not need to increase the rates. Commissioner Ellis stated realistically, all the money comes out of one pot; what may be operational could also be capital; and there were increases in the last two years. Mr. Garrison stated the District is 50 years behind.

Commissioner Scarborough suggested the Board tentatively approve a 7% increase; it will give it some time to crunch the numbers; the percentage can be decreased; and it will provide some latitude.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to grant tentative approval of a 7% rate increase for the Melbourne-Tillman Water Control District for FY 1996. Motion carried and ordered; Commissioner Cook voted nay.

Chairman Higgs stated the tentative millage will go forward to the September 20, 1995 budget hearing of the County Commission; and there are several questions that need to be answered in detail prior to the final budget hearing.

Upon motion and vote, the meeting adjourned at 7:10 p.m.

ATTEST:

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NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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