February 8, 1996
Feb 08 1996
The Board of County Commissioners of Brevard County, Florida, met in special session on February 8, 1996, at 10:05 a.m. in the Government Center Florida Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and Assistant County Attorney Shannon Wilson. Absent was: Commissioner Randy O?Brien.
REPORT, RE: QUESTION ABOUT RECORD ACT
Commissioner Higgs turned over a letter received from Mr. Martin to the County Attorney for response at the next meeting.
ANNOUNCEMENT
Chairman Cook noted Commissioner O?Brien is in Jacksonville on County business.
DISCUSSION, RE: EMERGENCY MANAGEMENT PLAN
Emergency Management Director Mark McMichael stated the major difference in the Plan is a shift of authority from the Chairman of the Board to the County Manager, once there has been a declaration of emergency. He outlined the provisions of the Plan, including the emergency support function and evacuation procedure.
Chairman Cook inquired who makes the decision to evacuate; with Mr. McMichael responding Public Safety. Discussion ensued clarifying how the decision was made under the old Plan and how it will be made under the new Plan. Chairman Cook expressed concerns about a major decision being made without input from the Board. Mr. McMichael advised the assumption is there will be a Commissioner in the policy group.
Commissioner Higgs noted inconsistencies in the Plan in terms of the head of the policy group and the head of emergency government operations; and advised of problems during Hurricane Erin caused by lack of clarity in what role was to be played by whom. Mr. McMichael advised the County Manager would be the head of the policy group. Commissioner Higgs pointed out inconsistencies in the Plan; and emphasized the need to know the functions of the Board, Chairman, and County Manager.
Commissioner Ellis advised under State law, the Emergency Management Director reports to the Board, but if the Board chooses to give the authority to the County Manager, it could shift the emergency management function to the Manager.
Chairman Cook expressed preference that the head of the emergency government be an elected official with the County Manager implementing the Plan. Commissioner Ellis advised in an emergency, the Chairman is in charge which is the only time the Chairman acts without the Board.
Mr. McMichael clarified the Chairman or Board would make the declaration of emergency; and the County Manager would have full authority of the Chairman to deal with the emergency.
Commissioner Scarborough noted the increased flexibility with the Charter and the Board?s need to determine the pros and cons of having the County Manager in charge rather than the Chairman.
Commissioner Higgs advised of her experiences during Hurricane Erin, and warned of problems that could result from ambiguity as to authority. Commissioner Scarborough stated the declaration of emergency will be by the Chairman and the question is whether the Chairman should step aside at that point. Commissioner Higgs emphasized the need for roles to be clearly delineated; and expressed confusion about the responsibility of the Emergency Management Director and how that interfaces with the role of the County Manager.
County Manager Tom Jenkins advised the Statute was written prior to the County having a Charter; historically in counties with county managers, whether charter or non-charter, the boards have delegated the responsibility to the county manager to hire and appoint an emergency management director; but it is more difficult if the charter says something different than what State law says. Assistant County Manager Joan Madden advised a poll of larger charter governments shows it is approximately 50/50 in terms of boards retaining authority to declare an emergency or giving that authority to the county managers.
Commissioner Higgs expressed desire to have clearly outlined what it means to be head of the emergency government, manager of emergency operations, manager of recovery, and the role of the emergency director. Chairman Cook emphasized the need for a clear delineation of responsibilities. Mr. Jenkins advised of the necessity to declare an emergency in order to recover money spent in the emergency. Commissioner Scarborough stated before an evacuation can be ordered, an emergency has to be declared. Mr. McMichael advised there are Agreements for support services which cannot be mustered without declaration of emergency because procedures are bypassed; and that is the reason for the change.
Mr. Jenkins requested feedback from the Board as the Plan is still in the draft stage; and inquired if the Board wants the Chairman to stay throughout the emergency, or will early decisions be sufficient and authority then delegated to the County Manager and staff. Commissioners Ellis and Higgs expressed a desire for the Chairman to stay. Mr. Jenkins recommended the Chairman head the policy group and the County Manager assume an operational role.
Commissioner Higgs recommended the function of the policy group be delineated; and advised of the controversy in terms of decisions about evacuating and getting back in. Chairman Cook noted that is why the Chairman needs to be involved.
Commissioner Scarborough inquired if the decision for emergency evacuation where the police go door to door requiring people to leave is up to the Chairman; with Commissioner Higgs responding she was not involved in activation of the EOC other than during Hurricane Erin, and clarification is needed. Commissioner Ellis noted emergency staff went door to door in Melbourne Village during the fire in the West Melbourne Industrial Park. Mr. McMichael noted the necessity to go door to door is only if the evacuation is ordered after hours. Ms. Madden stated on local matters, the EOC is not necessarily activated.
Commissioner Ellis inquired if the request for identification of buildings having hazardous chemicals has been accomplished; with a representative of the Hazardous Materials Team advising it has not taken place. Public Safety Director Don Boykin advised staff has requested the HazMat Ordinance come to the Board.
Mr. Jenkins noted the level of emergency dictates who responds to the emergency; and the Plan needs to articulate when the Chairman is expected and not expected to respond.
Commissioner Scarborough explained what happened with Hurricane Erin; and inquired if a category 4 storm changes course at night, would there be a different type of response, and how would the County get people off the barrier island. Mr. Jenkins explained the decision making process and the necessity to make the decision 12 to 18 hours in advance; and inquired if the decision is to be made by the Chairman or the policy group. Commissioner Higgs responded it should be clarified that the Chairman is the head of the policy group, and the majority of the policy group makes the decision. Commissioner Ellis expressed concern about having a committee in charge during an emergency; with Chairman Cook agreeing someone has to be in charge. Commissioner Scarborough inquired about a mechanism to handle a worst case scenario. Commissioner Higgs outlined the situation with Hurricane Erin; and stated it was not the desired orderly scenario. Chairman Cook noted the variety of reactions of County Managers; and reiterated his concern about the responsibility resting with someone. Mr. Jenkins stated if that is the consensus of the Board, that is the way the Plan will be written. Commissioner Ellis expressed preference for one person to be in charge.
Commissioner Higgs summarized the Chairman will make the final decisions; the County Manager will implement the operations; and the Chairman has the full authority to issue the emergency declaration. She inquired about evacuation of the entire County in a Category 4 or 5 storm, noting the Plan only reflects evacuation of the beachside, low lying areas, and mobile homes. Mr. McMichael outlined how that issue has been addressed in the evacuation plan calling for evacuation of the entire County in the event of a Class 3 or higher hurricane. He explained the problem with the School Board shelters. Commissioner Higgs expressed concern about the ability of the infrastructure to get people out of the County. Mr. McMichael advised the next exercise will simulate a Category 5 storm crossing the State from the west, and the signage which has been provided; and emphasized the importance of an education program. Commissioner Higgs inquired about the percentage of people attempting to escape from Escambia County, Bay County, etc. in Hurricane Opal. Mr. Jenkins advised in Brevard County, it would be necessary to make the decision to evacuate far in advance. Commissioner Higgs expressed concern about evacuating the entire County in a Category 3 storm; with Mr. McMichael noting the chances of a Category 3 storm impacting the entire County are minimal.
Discussion ensued on evacuation during a Category 4 or 5 storm based on the probable path of the storm using available infrastructure. Commissioner Higgs expressed concern about the availability of definitive information on which to base a decision. Commissioner Ellis advised if a Category 4 or 5 storm is headed for the east coast of Florida, the beaches should be evacuated. Mr. Jenkins warned if hotels, etc. are shut down, there would be backlash. Commissioner Higgs expressed desire to err on the side of caution and preservation of life. Discussion ensued on how reaction would have been different if Hurricane Erin had been a Category 4 or 5 hurricane. Mr. McMichael outlined the problems being faced by South Florida in terms of shelters and evacuation and the need to call in law enforcement and emergency personnel. Commissioner Scarborough expressed concern about gridlock if South Florida and Central Florida are being evacuated. Commissioner Ellis inquired about alternatives; with Mr. Jenkins emphasizing the importance of not having gridlock resulting in people being on the highway during the hurricane. Commissioner Ellis advised of the need for State coordination. Commissioner Higgs requested the Board get models and predictions based on a Category 3 and 4 storms, no longer assuming only the beaches will be evacuated. Commissioner Higgs advised of gaps in the coverage area for the emergency broadcasting service.
Commissioner Ellis inquired about the staging areas and catching a bus to the shelter; with Mr. McMichael responding the control center evacuation would only be done in Palm Bay and Micco, and the rest of the County goes directly to a shelter. Discussion ensued on why Palm Bay does not go directly to a shelter. Staff explained the problems including predominance of two-lane roads, lack of parking, and traffic concerns. Commissioner Ellis expressed concerns about getting people over Melbourne Causeway; with staff explaining how the routes are being coordinated for the greatest efficiency. Commissioner Ellis expressed concern about the staggered opening of shelters; with staff explaining the problems during Hurricane Erin and the measures taken to relieve the problem. Discussion ensued on how the shelters would be opened in coordination with evacuation. Staff advised of the percentage of people who evacuated, went to shelters, or went to other facilities during Hurricane Erin. Chairman Cook inquired if the problem with the Red Cross has been worked out; with staff advising of the measures taken to correct the problem.
Commissioner Higgs inquired when the Plan will come back to the Board, and when is Operation ZELDA; with staff responding during the last week of April and the first week in May.
DISCUSSION, RE: GROWTH IN GOVERNMENT STUDY COMMITTEE REPORT
County Manager Tom Jenkins stated the recommendations of the Growth in Government Study Committee fall into three categories: (1) recommendations being implemented or researched by staff; (2) recommendations requiring Board consideration and direction; and (3) recommendations to be considered for the annual legislative proposals to the Delegation.
The Board reached consensus to take public comment.
B. B. Nelson, 3535 Hammock Trail, Melbourne, Chairman of the Growth in Government Study Committee, outlined the recommendations of the Committee relating to road projects.
Commissioner Ellis addressed the right-of-way problems which are holding up the road projects.
Mr. Nelson suggested a method to take right-of-way from one side of the road to do the project more quickly, and privatization to take it out of the government. He stated recommendation #5 involves minimum and maximum service levels; and recommendation #6 involves zoning. Discussion ensued on the zoning item. Mr. Nelson outlined problems with the Comprehensive Plan and conflicting zoning. He stated recommendation #8 involves the responsibility of federal, State and regional regulatory agencies; recommendation #9 expresses concern about the large percentage of the County which has not been zoned to conform; and recommendation #10 addresses simplification of the growth management process. He inquired if simplification of the process is part of the submittal to the Legislature; with Chairman Cook responding no. Mr. Nelson stated recommendation #11 pertains to the State?s responsibility for funding the court system; with Mr. Jenkins advising that was part of the Legislative package. Mr. Nelson stated recommendation #12 pertains to the State?s costs for jail; and recommendation #13 addresses the lack of cooperation and coordination between the School Board and the County government. Discussion ensued on the issue of coordination with the School Board and siting of schools. Mr. Nelson stated recommendation #14 involves a Road and Bridge maintenance schedule; recommendation #15 involves application for subdivision by computer, which has been implemented; and recommendation #16 is for all capital projects to be done correctly at the onset to avoid future operation and maintenance problems. He stated #17 recommends a pay as you go program; recommendations #18 and #19 relate to the fire department; and recommendation #21 relates to anonymous complaints to Code Enforcement. Discussion ensued on problems with retaliation on those making complaints. Mr. Nelson stated recommendation #22 is to review the duties and responsibilities of the Constitutional Officers; with Commissioner Ellis responding the Charter Review Committee meets next year. Mr. Nelson stated recommendation #23 is to hold all vacant positions open for six weeks to determine if they are needed. Mr. Jenkins advised that is being done except in the health and public safety area. Mr. Nelson advised recommendation #24 is to opt out of the Florida Retirement System; with Mr. Jenkins advising the Legislature would have to do that. Mr. Nelson stated recommendation #25 is to use part-time employees to reduce benefits; and recommendation #26 is to investigate options for operating the jail. He advised the Committee got a lack of cooperation from the Sheriff and State Attorney, but excellent cooperation from the County Manager and staff.
Chairman Cook advised there has been Board discussion regarding the jail, and the Sheriff has indicated willingness to allow the County to take over. Discussion ensued on the effect of Orange County taking over its jail operation, including increased costs. The Board requested additional information on the issue; and suggested staff visit Orange County. Chairman Cook inquired if more than one Commissioner toured the jail, would it be a problem; with Assistant County Attorney Shannon Wilson responding affirmatively. Discussion ensued on ways to facilitate the Commission visiting Orange County.
Mr. Nelson stated recommendation #27 is to consider alternative disposition of surplus facilities or properties. Mr. Jenkins outlined proposed actions relating to vacant and surplus properties. Mr. Nelson stated recommendation #28 relates to clear interpretation of intent of Ordinances. Ms. Wilson noted an Ordinance must state a purpose. Mr. Nelson stated recommendation #29 addresses performance of cost-benefit analysis of grant applications to determine merit of participation; with Mr. Jenkins advising he will verify that the County is continuing to do that.
Pat Martin, P. O. Box 54-2070, Merritt Island, advised of his minority report. He stated while he does not advocate jobs for employees no matter what they do, there has to be a reasonable approach. Commissioner Ellis advised of an incident where a County employee on vacation, driving a County vehicle, under the influence of alcohol, had an accident, but was not fired; and expressed need for a system to hold people responsible for their actions. Discussion ensued on the accountability and morale of employees.
Chairman Cook advised ultimately the County Manager is responsible; with Mr. Martin responding ultimately the taxpayers are responsible for the damages.
Commissioner Ellis advised of his experiences at RCA and Grumman; and expressed concern that there be responsibility and authority up and down the system. Mr. Martin advised of the threat to employees each August when the budget is being developed because of fear of reduction in force; and noted the difference between companies and governments. Commissioner Ellis advised management has to be held accountable for their actions; and explained the situation at the School Board with bad teachers and bad principals who cannot be fired.
Commissioner Scarborough explained the bottom line philosophy and the difference between the private and public sector. Commissioner Ellis expressed concern about the County becoming the employer of last resort.
Mr. Martin inquired if it is reasonable for a manager to tell an employee he cannot talk to his Commissioner; with Commissioner Ellis responding he does not agree with that. Discussion ensued on problems with employees. Mr. Jenkins inquired which employee in the government has refused to let another employee talk to his County Commissioner so he can deal with the problem; with Mr. Martin refusing to respond because of fear of recrimination to the employee. Mr. Martin criticized the County?s personnel direction. Mr. Jenkins explained the difficulty in responding to a criticism which is not specific. Chairman Cook advised the policy of the County is that any employee can talk to any Commissioner; and if it is not happening, the Board needs to be aware of it. Commissioner Scarborough noted Mr. Abbate will be putting that information in the newsletter. Discussion ensued on ways to make the plan fair, with employees and managers accountable. Mr. Martin reiterated his opinion on the fear and intimidation of employees. Commissioner Ellis advised employees can send letters, anonymously if necessary. Mr. Martin suggested having an independent source to see what the complaints are. Commissioner Ellis advised of a survey done by the Sheriff?s Department and surveys done during the TQM process. He recommended a survey be included in the paycheck envelopes so there will be across- the-board comments.
Motion by Commissioner Ellis, to authorize a questionnaire on employee attitudes to be included in employee paychecks in March, 1996.
Mr. Martin requested the Board consider his letter.
Chairman Cook noted he has no objections to a questionnaire. Commissioner Higgs expressed desire to see the survey before distribution. Discussion ensued on the questionnaire, what should be asked and how it should be distributed to insure all classes of employees are responding. Chairman Higgs stressed the importance of inquiring about employee satisfaction with the direction of the Board and being ready to do something with the responses.
Chairman Cook stated the County Manager should look into it; personnel is under the County Manager; and he can report back to the Board with options. Mr. Martin suggested considering an independent source to get a true sample.
Mr. Nelson inquired if a question could be included whether the taxpayers believe they are getting proper service; with Chairman Cook advising this is a separate issue concerning personnel.
Upon motion and vote, the meeting adjourned at 11:57 a.m.
ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )
MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA