The Board of County Commissioners of Brevard County, Florida, met in special session on August 13, 1997, at 5:45 p.m. in the Brevard Community College Palm Bay Campus Auditorium, 250 Community College Road, Palm Bay, Florida. Present were: Vice Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs, and Mark Cook, Assistant County Attorney Katherine Harasz, and Environmental Services Administrator Stephen Peffer. Absent were: Chairman Randy O'Brien and County Attorney Scott Knox.

Vice Chairman Helen Voltz led the assembly in the Pledge of Allegiance.

INTRODUCTION, RE: MELBOURNE-TILLMAN WATER CONTROL DISTRICT BOARD OF DIRECTORS

Gary Garrison, Melbourne-Tillman Water Control District Manager, introduced the Melbourne-Tillman Water Control District Board Members present, including Veronica Autrey, Kenneth Carah, Bob Riley, Keith Mills, Samuel Simonian, Legal Counsel Scott Dixon, Engineer Al Pannell, and two representatives from St. Johns River Water Management District Joel Stewart and Doug Davis.

PUBLIC HEARING, RE: PROPOSED RATES FOR MELBOURNE-TILLMAN WATER CONTROL DISTRICT FOR FY 1997/1998

Mr. Garrison advised the District is requesting a 10% increase to be levied across-the-board on the three land classifications; the first land classification is residential; the District is requesting a rate of $16.34 per lot, acre or portion thereof; and it is an annual increase of $1.49 over the amount levied last year. He stated for the agricultural land classification, the District is requesting a rate of $5.72 per lot, acre or portion thereof, which is an annual increase of 52 cents over the amount levied last year. He advised for the commercial land classification, the District is requesting a rate of $31.74 per lot, acre or a portion thereof, which is an annual increase of $2.89 over the amount levied last year.

Commissioner Cook inquired what is the 25% increase for on the balance forward for operating; with Mr. Garrison responding the District cannot bring any more revenue in through the rates, so it has to bring the balance forward of an additional $20,000 to accomplish what it wants to do this year; and it is willing to bring its reserves forward to get the job done. Commissioner Cook inquired about the 113% increase in debt service; with Mr. Garrison responding a majority of that is $82,000 for the land debt repayment with St. Johns River Water Management District.

Vice Chairman Voltz inquired if it is 0% interest; with Mr. Garrison responding affirmatively. Commissioner Cook inquired is there an average on what age the District is replacing equipment; with Mr. Garrison responding it depends. Mr. Garrison stated what is being replaced in this budget is the mower attachments; and the average age is approximately five years. Commissioner Cook inquired is that the life of a dragline; with Mr. Garrison responding the dragline is about 20 years, and the District is not replacing it, but doing a lot of work on it. Mr. Garrison advised the tractors are about 12 years old.

Vice Chairman Voltz inquired if St. Johns River Water Management District gets rid of its equipment earlier and obtains new equipment; and if Mr. Garrison can work something out with St. Johns District to get some equipment that it has only used for a few years. Mr. Garrison responded he is not sure, but he will find out; the St. Johns District does not have the mowers that his District is looking at now; but it has the backhoes and draglines. He stated he believes the St. Johns District is using its equipment until it is not economically feasible to put money into it. Vice Chairman Voltz stated the mission statement indicates that the Melbourne-Tillman District is into a lot more than it was before; and inquired who delegates the District. Mr. Garrison responded it is the State Legislature, Water Management Districts, Department of Environmental Regulation, etc.

Commissioner Cook expressed concern with a 10% increase; stated a few years ago there was a $5.00 assessment; it is growing as a normal governmental entity would grow; each year larger increases are requested, and the District gets bigger and bigger; and in a relatively short period of time, the District has expanded its scope and budget which gives him concern.

Mr. Garrison stated in the last 10 years, the District has requested increases; in 1986, the District went to the State Legislature because it was a 298 District and it was going nowhere; the canals were in terrible shape; nothing was being done; and in 10 years, the District has only increased its rates $4.00. He noted the District is not growing by leaps and bounds; it has not hired any one in three years; and it does not have the budget for it.

Commissioner Cook inquired has the District received a 10% increase before; with Mr. Garrison responding affirmatively. Mr. Garrison stated the District is far behind in rate structures; it has 200 miles of canals; it is scratching its way through; it is being innovative; and it has done everything to keep its rates down. He noted the District is not where it should be to maintain a canal district of this size; having the Western Diversion makes it more critical for the District; the District knows it will have to go back to the State Legislature as it has a big job ahead of it; 10% every year is not the answer to this; and the District knows it has to look at the long range. Commissioner Cook inquired is the District going to go back to the Legislature for a new assessment; with Mr. Garrison responding possibly for a one-time assessment or a restructured rate.

Vice Chairman Voltz stated the District is doing a great job; and she can see a big difference in Palm Bay. She inquired what are the $2,000 dues for; with Mr. Garrison responding the Florida

Association of Special Districts which is a quasi-lobbyist group and very helpful to the District. Vice Chairman Voltz inquired if the $7,000 for office supplies include copy machine, fax machine, etc.; with Mr. Garrison responding it includes everything. Vice Chairman Voltz stated the Board received a letter from Budget Director Kathy Wall saying "based on current status regulatory stormwater control, no stormwater facilities will be required as these individual lots are built out"; it talks about the 50% of homesites and lots that were built out and indicates it is because they were previously platted and no retrofit requirements exist. She inquired what does that mean for drainage problems.

Engineer Al Pannell stated the District rate now is approximately 40% residential and the balance is primarily agricultural, with some commercial; less than 75% of the residential is built out; they are waiting for individuals to get their building permits; and all the stormwater facilities that were planned were done when the whole unit was platted and constructed. He noted there is nothing the District can do as those homes come on line to say there is going to be another retention or detention pond; and that is the kind of growth that potentially can continue to happen each year over which the District has no control. Mr. Pannell stated the District has been looking at the existing land use condition, as it currently exists, as to how it interacts with St. Johns River Water Management District on the Western Diversion; it needs to roll in the future land use and start judging the permit and canal maintenance activities; the Water Control District is starting to do that; and it is looking for ways to minimize future impacts.

Vice Chairman Voltz stated Page 11 of the District's proposed budget indicates the St. Johns River Water Management District has yet to conclude its position on base flow requirements both east to Turkey Creek and the Indian River Lagoon, and west to the water management areas, nor has it addressed water quality concerns downstream of the intermediate weir; and requested an explanation on it.

Joel Stewart, representing St. Johns River Water Management District, stated to address the water quality concerns for Turkey Creek and the Indian River Lagoon, there is a critical need to look at the minimum discharge or volume requirements for fresh water to the Turkey Creek/Lagoon area, and a need to look at minimizing the peak discharge or maximum rates that flow downstream; and because of the base flow requirement, the Water Management District wanted to look at the sanctuary area as a very critical habitat, as well as downstream near the mouth of Turkey Creek and out into the Lagoon itself. He noted there are a number of resource features the Water Management District uses as an indicator to base its minimum flow requirements on; it has established some minimum base flow requirements; and the information was provided in the handout to the Board. Mr. Stewart advised there are wet and dry season requirements that are especially critical for the Turkey Creek Sanctuary; it is an area which the Water Management District wants to keep primarily fresh; and for wet season and dry season, the Water Management District has established salinity bounds and ranges for different segments, especially Turkey Creek Sanctuary.

Commissioner Cook inquired if the capital outlay of $42,500 this year is adequate; with Mr. Garrison responding negatively. Mr. Garrison stated that is all the District can afford; and he could justify five dump trucks, but the amount of equipment is within the funds the District has available.

Commissioner Cook stated the District is proposing a budget of $1,489,000 which is a lot of money. Vice Chairman Voltz stated it is not a large amount for what the District does, the area it has, and what it is responsible for; and that is the flooding in the entire Palm Bay and Melbourne area. Commissioner Cook reiterated his concern with the 10% requested increase by the Water Control District.

Commissioner Higgs stated the increase would be approximately 12 cents a month for the average residential lot; the Western Diversion project would be underway which is significant for the residents of the District, both in terms of flooding and water quality improvements; the District is the flood control agent for the City of Palm Bay and entire District; it is a well-spent amount of money; and people want to see water quality improvements in the Indian River Lagoon and improvements in the flooding situation within the City.

Commissioner Scarborough inquired if the District received any complaints from the taxpayers; with Mr. Garrison responding it has received no response. Commissioner Scarborough inquired is there anyone present tonight to speak in opposition; with Vice Chairman Voltz responding there is one person who is in favor of the increase. Commissioner Scarborough stated if the District is not receiving any calls or complaints, it must be doing a good job, because the people, by their absence, have spoken tonight.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of rates for Melbourne-Tillman Water Control District for FY 1997-1998 as follows: residential at $16.34 per acre, lot or portion thereof; agricultural at $5.72 per acre, lot or portion thereof; and commercial at $31.74 per acre, lot or portion thereof. Motion carried and ordered; Commissioner Cook voted nay.

ANNOUNCEMENT, RE: AQUACULTURE LEASES

Environmental Services Administrator Stephen Peffer stated he heard today from the Florida Department of Environmental Protection that the aquaculture leases which were going to the Governor and Cabinet this month will be postponed until September, 1997.

Upon motion and vote, the meeting adjourned at 6:22 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)