The Board of County Commissioners of Brevard County, Florida, met in special session on October 31, 1995, at 10:00 a.m. in the Government Center Multipurpose Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O?Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

CAPITAL IMPROVEMENT PROGRAM (CIP) PRESENTATIONS

Growth Management Director Sue Hann stated staff has scheduled a series of workshops to review each department?s capital program for the purpose of either approving the program or providing direction to staff to make changes so it can incorporate the departments? individual programs in the Capital Improvement Program (CIP) for consideration in the Spring for formal adoption. She advised staff has updated information for the Board on some of the departments? programs; and it will provide it to the Board as it gets to each of the departments individually.

Housing and Human Services Department

Assistant County Manager Joan Madden stated the projects proposed for Housing and Human Services are funded from revenues derived from the Community Development Block Grant (CDBG) funds and the Florida Department of Environmental Protection (DEP); that is an old grant that is budgeted from the renovation of the Harry T. Moore Center in Cocoa; and it also includes a small amount of local funding in that project. She advised the Housing and Human Services Department proposes eight capital improvement projects, including two sidewalk construction projects, four paving and drainage projects, and reconstruction of the Harry T. Moore Center in Cocoa, as well as funding the Parent Resource Center and Child Care Association in Cocoa. She noted CDBG Projects are not deemed to be concurrency services, but are generally consistent with and further the goals and objectives of the Housing Element of the Comprehensive Plan. Ms. Madden stated the projects proposed are projected at a cost of $1,611,466; since these are all community-based projects, there are no ongoing operating and maintenance costs involved; there are no unfunded projects proposed from this Department; and Jasper Trigg, Denise Carter, and Elizabeth Swanke will respond to specific questions the Board may have.

Commissioner Cook inquired how were the priorities set up. Ms. Madden stated Page HS-2 includes the project expenditure table; and Ms. Carter can explain how they were determined and the public hearing process.

CDBG Supervisor Denise Carter stated staff held a series of meetings in all of the neighborhood strategy areas; it asked the community to identify what it felt were needs; staff already had engineers identify capital needs from the neighborhoods to prioritize those; so they gave staff the priorities.

Chairman Higgs stated most of the items indicate these were recommended by the CDBG Advisory Board; Page HS-18 talks about the demolition and reconstruction of the Harry T. Moore Child Care Center; and the CDBG Board had recommended that.

Special Projects Coordinator III Elizabeth Swanke responded this is not a CDBG project; and it is a project funded by the DEP. Chairman Higgs noted that is the old grant. Ms. Madden stated it was a $200,00 grant that came down through DEP approximately six years ago; and it has been carried over. Chairman Higgs inquired where is the $60,000 local contribution from; with Ms. Swanke responding sales tax revenue bond proceeds from 1988. Chairman Higgs inquired about the $100,000 temporary loan; with Ms. Swanke responding that was a loan that the Board approved in the Solid Waste fund. Chairman Higgs inquired how is it going to be paid back; with Ms. Swanke responding the mechanism was that the Board would acquire the building and the Child Care Association would make lease payments and lease to own the building. Chairman Higgs noted the $100,000 is being paid back by the Child Care Association; with Ms. Swanke responding yes, in lease payments. Chairman Higgs stated the $483,354 is going into the demolition and reconstruction; with Ms. Madden responding that is correct.

Commissioner O?Brien stated Page HS-2 includes Easy Street Traffic Improvements at $77,000; the community indicated it did not want to use CDBG grants for that; and he and Mr. Minneboo have worked it out to where the District 2 budget would pay for that.

Ms. Carter responded staff is working in conjunction with the Growth Management and Public Works Departments for the sidewalks; this is a continuing fund for Easy Street; staff budgeted funds in prior years; and gas tax monies will pay for the sidewalks and CDBG for the street paving and drainage improvements. She stated on Lean Street, the commercial portion is where Sears is; and that is where the community had a question on Lean Street.

Commissioner Ellis inquired can staff work something out with Melbourne for an addition to Stone Library; and stated the library fund will pay for the library itself. Ms. Madden stated the Library applied for money from Melbourne?s and Palm Bay?s CDBG as it serves both of those communities, as well as County residents; none of those projects were funded this year; but staff will continue to apply for those next year. She stated the Library was not recommended for funding, primarily because the County at that time did not own the property. Ms. Carter stated staff needs to meet with the Cities of Melbourne and Palm Bay as such cities are on a different funding cycle; the City of Melbourne?s public hearings will begin earlier than the County?s; a lot of comments came from the Citizens Advisory Board that the City of Melbourne had not participated; and perhaps everyone can come to the table.

Chairman Higgs stated under the Stone Library, it shows the beginning of expenditure of funds in October, 1995; it would be appropriate for staff to begin to coordinate; and the A&E selection has not been done. Motion by Commissioner Cook, seconded by Commissioner Ellis, to acknowledge the Capital Improvement Program (CIP) presentation by the Housing and Human Services Department; and approved inclusion of same in the final draft of the CIP. Motion carried and ordered unanimously.

Library Services Department

Ms. Madden stated revenue sources for library projects are primarily from ad valorem taxes collected for the Library District; revenue bonds have been used to finance several library construction projects; the Library Services Department is proposing nine capital improvement projects, including replacement and expansion of the library media collection, and renovations and additions to eight community libraries; and the total for library projects for 1995-1996 is $6,342,982. She stated the projects proposed by the Department are consistent with the Capital Improvements and Programs Element of the Comprehensive Plan; and library services are not concurrency projects; however, there are desired level of service standards included as advisory only; and those include 0.6 square feet of library space per capita and 2.16 volumes per capita.

Commissioner Cook stated these are the projects that the Board has already approved; with Ms. Madden responding affirmatively.

Chairman Higgs stated Page LS-15 shows the expenditure beginning for the South Mainland Library at Micco in January; and inquired is staff underway in selecting the A&E; with Library Services Director Kathryn Stewart responding negatively. Chairman Higgs stated she was on the Stone, South Mainland, and Meadowlane Libraries Selection Committees. Ms. Stewart stated staff was trying to get some of them further along so it would not get all of them going at the same time; those have just been delayed; they are still in the process of earning money and having fund raisers; and they want to put that off as much as possible. Chairman Higgs inquired is the schedule not accurate. Ms. Stewart responded it is accurate; stated it would be the A&E they would be starting with; and as soon as they can go ahead, they will start to put the A&E project out and get the selection of the architect. Chairman Higgs inquired when will the County start that; with Ms. Stewart responding in January, 1996. Chairman Higgs stated it is unlikely the County would spend money by March, 1996; with Ms. Stewart responding it could spend some money, but it probably will not spend that much. Chairman Higgs inquired is the County still going from the proposals it received a year and a half ago; with Ms. Stewart responding yes.

Commissioner O?Brien stated the funding for Merritt Island Library is on Pages LS-12 and LS-13; Merritt Island has an MSTU; and inquired will such funding be used for the project. Ms. Stewart responded negatively; stated they have earmarked approximately $175,000 for this project to help with it; and the only thing the Board sees here is out of the construction money. Commissioner O?Brien stated bond refinancing is $185,000; and inquired is there already a bond out there for that kind of money; with Ms. Madden responding affirmatively. Commissioner O?Brien stated Pages LS-10 and LS-11 include Cocoa Beach Public Library; and inquired has staff solved the problem with the post office. Ms. Madden responded negatively; stated staff is still working on it; and there is still a blip regarding the easements on the back side of the property. She noted the original argument was the right-of-way on the front; that has been resolved; but the owner of the property is requesting compensation in excess of $22,000 for the easement across the back of the property; that property was sold to a private developer through a design/build for the post office; so it is in private hands. Chairman Higgs inquired who owns the property; with Ms. Madden responding Eagle Eye Development which is from North Dakota. Ms. Madden stated Cocoa Beach purchased the entire parcel; the Board paid $750,000 for 3.6 acres of that; and a little over one acre was sold to Eagle Eye Development for the purposes of a design/build post office.

Commissioner Scarborough stated if Cocoa Beach knew there was a problem and failed to reserve the easement, it appears it is that City?s problem; and the County needs to ask Cocoa Beach to get involved and not leave it up to the County. Ms. Madden responded staff is in daily communication with the City trying to resolve this. Commissioner Scarborough noted the City understands the County?s stand; with Ms. Madden responding affirmatively. Ms. Madden advised easements were shown on the site plan and the survey; they were overlooked by the purchaser and Cocoa Beach; and staff is working on it daily.

Discussion ensued on Stone, West Melbourne, North Brevard, and Cape Canaveral Libraries, architectural and engineering services, and construction projects.

Commissioner Ellis inquired on the transfers, is that the debt service; with Budget Analyst Frank Vestal responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to acknowledge the Capital Improvement Program (CIP) presentation by the Library Services Department; and approve inclusion of same in the final draft of the CIP. Motion carried and ordered unanimously.

Parks and Recreation Department

Ms. Madden stated the funding sources for Parks and Recreation include a variety of Legislative appropriations, the Florida Recreational Development Assistance Program (FRDAP), Land and Water Conservation Fund (LWCF), Florida Boating Improvements Program (FBIP), Florida Department of Environmental Protection (FDEP), Florida Inland Navigation District (FIND), Community Development Block Grants (CDBG), Tourist Development Council (TDC), ad valorem taxes, General Fund, Recreation District 4, District 1 MSTU, Port St. John/Canaveral Groves, and private donations from Rotary Foundations, Space Coast Soccer Club, and beach and riverfront funds. She advised there are 43 funded CIP projects in this year?s package at a total of $8.69 million; there are also 61 unfunded projects listed in this year?s CIP; and such figure is $65 million. She stated the capital projects include land acquisition, park development, building renovations, and shoreline improvements; operation and maintenance for the funded projects to be completed in 1996 is projected at a total of $750,311; operation and maintenance for several of the projects is still to be determined; and these include Corto Road Community Center Development, Off-road Vehicle Park Improvements - Phase I, Titusville Soccer Fields land acquisition, Micco Community Center, Williams House - Phase III, Rodes Park - Athletic Field, and the swimming pool at Palm Bay Regional Park. Ms. Madden advised these projects will not be completed during 1996; staff does not know definitively the composition of all the completed elements to some of those projects; five of the funded projects are concurrency projects and have a concurrency level of four; and those are Corto Road Community Center Development, Scottsmoor Landing, Kelly Park West, Manatee Cove Park - Phase I, and Lake Washington Park. She noted Concurrency Level 4 is 3.5 acres of developed property per 1,000 population.

Commissioner Scarborough stated there seems to be more of a question of needs in the community as opposed to just developed acres in population; and inquired where does this type of concept come from.

Planner II Steve Swanke responded in the Comprehensive Plan, the County has a level of service; it is mandatory, per the Growth Management Act, that the County establish a level of service for parks and recreation; and staff has done that basically by saying it will have so many acres of improved park land per 1,000 residents.

Commissioner Scarborough stated he would like to see a better definition of what the County is trying to accomplish, looking at the demographics, needs, and types of activities. He noted the County needs to understand how different types of parks compete against each other and become conflicting, such as a poorer park in one area and a richer park somewhere else; he cannot buy off on this; and he would prefer to scratch the whole thing at this particular point.

Mr. Swanke stated it is not necessary that the County describe this in the document; staff has discussed including a set of facility standards in the Comprehensive Plan that would talk specifically about different types of ballfields, basketball courts, or whatever is needed; and it can tie into different demographic segments and do a better job of planning.

Parks and Recreation Director Chuck Nelson stated the standards further define the needs; concurrency is basically a gross acreage number; the standards pinpoint that; and such standards should be based on community needs.

Commissioner Ellis stated there was an action take by the Board previously to not sell excess beach and riverfront properties; and he would like it to be revisited. He noted the County can look at such properties that it is not going to use, and either sell them and put the money back into Beach and Riverfront or turn such properties over to the cities if they wish to develop them; and one particular piece of property is Kayak Park.

Commissioner Cook stated he would not have a problem looking into whether or not the cities would like to develop some of those parcels; but he would have a reluctance to sell them.

Chairman Higgs suggested the County have an inventory of those parcels that have not been developed, including what the options might be, and what the short and long-term future of each parcel is. Mr. Nelson inquired does the Board want to discuss the equity issues at a workshop; with Chairman Higgs responding it needs to have a budget workshop that would include the January allocations. Commissioner Ellis noted the Board should have a list of what is absolutely necessary for maintenance; with Commissioner Cook responding it needs specifics.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge the Capital Improvement Program (CIP) presentation by the Parks and Recreation Department; and approved inclusion of same in the final draft of the CIP. Motion carried and ordered unanimously.

Public Safety Department Ms. Madden stated funding for public safety projects comes from the Fire Municipal Service Taxing Unit (MSTU), Emergency Medical Services (EMS) assessments; EMS grants, and impact fees; the Fire MSTU millage is capped currently by Ordinance at 1.7 mills; projects include operating equipment, acquisition of rolling stock, and construction projects; there are six funded projects, including the computer-aided dispatch, dispatch consoles, fire rescue/communication equipment, generators, a pumper tanker, rescue unit replacement, and the Viera East fire rescue station at a total cost of $1,651,550. She noted $710,280 of this amount is to be funded by the Viera Company for Viera East; there are five unfunded projects, including the relocation or renovation of four stations and the construction of one station projected at West Melbourne; operating and maintenance costs for 1995-1996 are estimated at $345,945 and have been budgeted; these are not concurrency projects, but Brevard County has adopted advisory desired level of service standards.

Chairman Higgs stated the County has had discussion about the joint planning and all these issues; and inquired is it moving forward in any part of the County with beginning to get cooperation for coverages.

Public Safety Director Don Boykin responded he met with the City of Melbourne on September 6, 1995; it has basically backed off on some of the issues it was addressing before; the issue still is the fact that the County deals with volunteers; and the staffing level is not the same as the City. He advised the County has a meeting scheduled presently with the City of Titusville?s Fire Chief; and it is close to an automatic aid agreement on some areas.

Chairman Higgs inquired has County staff talked with the City of Palm Bay. Chief Boykin responded he has worked with the Palm Bay Chief; he is more than willing to look at some areas in the Grant area for automatic response; and it is going to have to be worked on through the budget process.

Discussion ensued regarding firefighter volunteers, emergency situations, responding to calls, pumper tanker replacement program, engine replacement, and staffing.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to acknowledge the Capital Improvement Program (CIP) presentation by the Public Safety Department; and approve inclusion of same in the final draft of the CIP. Motion carried and ordered unanimously.

Transit Services Department

Ms. Madden stated the revenue source for capital improvement items in the Transit Services Department come primarily from Federal Transit Administration (FTA) grants; it is based on an 80 percent federal share, 10 percent state share, and 10 percent local matching funds; and the County provides the matching funds from Local Option Gas Tax proceeds. She noted the Department proposes two capital improvement projects; one is the vehicle purchase and the other is the South Brevard Park and Ride Facility; and the total cost is $2,794,109 of which $926,758 is new project funding, the balance carried forward from previous year?s appropriations. She noted operation and maintenance is estimated at $50,000; the Park and Ride Project is funded 100% by a State FDOT appropriation; and there are no recurring operating dollars involved in that project. Ms. Madden stated there are no unfunded projects in this Department; the services of such Department are not deemed to be concurrency services; however, the projects are consistent with the approved goals and objectives of the Mass Transit, Traffic Circulation, and Capital Improvements Program Elements of the Comprehensive Plan.

Commissioner Cook stated on the vans, the Board had discussed a policy of in-County versus out-of-County, and inquired has it been implemented.

Transit Services Director Don Lusk responded that was with the direction that the County do that when the VSPI?s Contract renewed; and it is not doing any new ones.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to acknowledge the Capital Improvement Program (CIP) presentation by the Transit Services Department; and approve inclusion of same in the final draft of the CIP. Motion carried and ordered unanimously.

DISCUSSION, RE: DEPOSITION HEARING

County Attorney Scott Knox stated Mr. Rod Baker is suing someone who released information on his deferred compensation; he is not sure who he wants to sue at this point as he does not know who did the release; so he asked the court to issue an order allowing him to subpoena Ida Blickley and Bea Polk so he can take their depositions to find out who obtained the information on his deferred compensation. He noted the court issued that order; Ms. Blickley and Ms. Polk filed a motion for protective order; and there is a hearing set on Friday at 1:00 p.m. He stated there is an assumption that the court will deny that motion and allow the depositions to go forward; the question, as he understood it from the Board last night, was should the County Attorney?s Office get involved; the County has no direct interest in this particular proceeding; however, indirectly it probably does because this Board, and the City of Titusville City Council are appointing authorities for the members of the Board of Directors of the Hospital Board; and if one of those members released the information, it would be a violation of the Ethics provisions which make the disclosure of the deferred compensation provisions of someone?s contract exempt from public records disclosure. Attorney Knox stated consequently, it is possible there could be some kind of disciplinary action taken against an individual who is found to have done that, assuming there is such a person; that would have to come back under the North Brevard Hospital District Board and to the County Commission for removal proceedings if one of those members was accused of doing that; so indirectly, there is an interest the County Commission might have.

Chairman Higgs inquired does the County Commission have the right to send someone to the depositions. Attorney Knox responded the County contacted the Attorney for Mr. Baker; he did not have any objection to someone being there; and the County would not be participating, but sitting as observer. Chairman Higgs inquired are the depositions public information; with Attorney Knox responding once the deposition is taken, it probably is, unless the judge is going to seal it, which he doubts he is going to do. Chairman Higgs stated if the County had the depositions in its possession, it then is public information. Attorney Knox stated he believes the questions they are going to ask will be limited to where the information came from; and the issue they are trying to get at from this deposition is who released that information.

Commissioner Cook stated the accusation is that it possibly is a member of the Hospital Board which the County Commission appointed; so that would be the County?s interest.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to request someone from the County Attorney?s office be present at the depositions to observe, but not intervene.

Chairman Higgs stated it is not wise for the County to get involved in a private suit; at this point, it is an individual bringing a suit and taking depositions; and she has a concern about the County being involved.

Commissioner Ellis stated the County has not seen the suit; he would agree with Chairman Higgs if he actually saw a lawsuit; but there has been no such suit. He noted the depositions are being taken before Mr. Baker files suit to see who to sue.

Commissioner Cook stated perhaps the County should wait until a lawsuit is filed, and this may not be the appropriate time.

Commissioner Scarborough noted the County Commission can have the County Attorney follow this and get a copy of the depositions.

Attorney Knox stated what may happen at the depositions is that they may find out that Ms. Blickley and Ms. Polk received this information from no one in particular; and it may have been left with them without them knowing who it was.

Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners O?Brien and Ellis voted aye; Commissioners Scarborough, Higgs and Cook voted nay.

Upon motion and vote, the meeting adjourned at 12:05 p.m.

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NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

REVARD COUNTY, FLORIDA

ATTEST:

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SANDY CRAWFORD, CLERK

(S E A L)