MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

December 15, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special workshop session on December 15, 2005, at 1:02 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Commissioners Ron Pritchard, Sue Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent were: Chair Helen Voltz* and Commissioner Truman Scarborough.

 

 

Vice Chair Sue Carlson advised Chair Helen Voltz would be detained and welcomed all of the Legislators. 

 

Chairman of the Delegation, Senator Mike Haridopolos, introduced the participants.  Present were: Representatives Thad Altman, Ralph Poppell, Bob Allen, Kevin Sweeney standing in for Representative Stan Mayfield,  and County Lobbyist John Thrasher.  He noted Representative Mitch Needelman would be joining later. 

 

Senator Haridopolos stated the Delegation finished its special session concerning a Constitutional Amendment dealing with slot machines in South Florida and the innovative approach with Medicaid Reform to improve the cost, services, and quality; noted Wilton Dedge who was wrongfully imprisoned for 22 years was compensated approximately $2 million by the State; and thanked County Lobbyist John Thrasher for attending. 

 

 

 

Wayne Holmes, Chairman of the Mental Health Commission, advised of the need for additional Baker Act beds; stated the 28 beds have not increased with population since its opening in 1980; and requested a member of the Delegation meet with key ADM staff to discuss Brevard County getting its fair share of the monies legislated and possibly creating special legislation like Orange County.

 

Representative Thad Altman requested statistics on the number of beds that have been added to other communities to help in the discussion with ADM. 

 

Mr. Holms replied he is currently working on that information; the number of beds a community is suppose to have is set by Statute based on population; and Brevard County should be at 50+ beds.

 

 

 

Circles of Care President Jim Whitaker noted Circles of Care has the vacant area and will do all the remodeling; the requested $1.6 million is 100% for staff and care; the amount could be split with half this year and the other half next year; and it is key to have the amount recurring in order to keep the 16-bed crisis unit or short-term residential treatment beds (SRT) open year after year.  He added it is 10 beds per 100,000 residents; the number 16 is the most that can be licensed in one facility under the law because of The Institute for Mental Diseases; and the cost is $241 a day for 24-hour total care for the 16 beds. 

 

 

 

Commissioner Carlson welcomed Representative Mitch Needelman who apologized for being tardy. 

 

Assistant County Manager Stockton Whitten advised the Florida Association of Counties (FAC) legislative priority position proposes counties give up a portion of their statutorily defined revenue sharing revenues in exchange for a repeal of the law requiring the counties to pay for the Department of Juvenile Justice (DJJ) predisposition expenses.  He noted what that means to Brevard County is about $2.8 million; staff is extremely concerned with the issue regarding the FAC proposal and believes that counties should be extremely cautious in allowing some reconfiguration of the revenue sharing formulas for the one-half cent sales tax or state-shared revenues; and once the precedent has been set with regards to reconfiguring the revenue formulas for the DJJ issue, the Legislature may seize the opportunity to do the same on other issues in the future. 

 

Representative Needelman stated there needs to be a partnership between the State and local levels in dealing with issues of Juvenile Justice; the State has moved away from home detention and instead kids are going to detention centers when they are waiting for settlements from the courts to decide where to place them; that is where most of the problems are occurring; and he believes FAC is going to be open for negotiations again.  He added detention centers were never intended to be places in which to put kids; they were only holding areas; and the abuse of extending past the 21 days has become very problematic across the State of Florida.  He noted it is not just a State and County issue but also a school board issue and a municipal issue; the burden of cost should be shared; and if a school board with a zero tolerance overburdens the system there should be some cost share revenues coming in from that system.

 

Mr. Whitten advised the current process needs to address some operational issues and the County’s ability to challenge the expenses that are passed on from the previous year, whether or not funding undergoes any changes.

 

County Manager Peggy Busacca informed the Board that FAC was split on the issue with a vote of 23 to 17; the County’s participation could make a big difference; and although FAC speaks with one voice she does not believe it was a homogeneous decision but instead based on the impact of the cost shift.  She noted the policy issues pointed out by Mr. Whitten are important for the Board to consider regardless of the monetary winners and losers with the cost shift impact. 

 

Transportation Planning Director Bob Kamm expressed his concern over the two to  three-year

 

 

gap between design of the Brewer Causeway and availability of funds to construct from FDOT;

and requested the Delegation’s assistance in getting DOT to advance the construction dollars.  

 

*Chair Helen Voltz presence was noted at this time. 

 

Mr. Kamm expressed his concern that median protection on I-95 is not adequate; cross-over accidents are continuing with a higher frequency; and it is a Statewide issue, not just for Brevard County.  He noted local officials met with DOT to bring this to their attention; District 5 staff was asked to come up with a plan on dealing with this issue; there is no conclusion to announce yet; and this is a question of disposable infrastructure.  He inquired if the Board would invest $7 million in an improvement that will be ripped out when the Interstate is widened.  He stated a key point is there are design guidelines criteria the DOT must follow; the guidelines are nationally developed by the American Association State Highway Transportation Officials (AASHTO); and DOT is allowed very little latitude to deviate from them.  He added if DOT deviates by making a barrier higher or lower and there is an incident, the DOT faces liability issues along with the professional engineer that signed and sealed the plans; and the County would like the Delegation’s support at the appropriate time to continue discussions about safety issues on I-95 Statewide, and advice and assistance when necessary to talk to DOT further. 

 

Commissioner Pritchard noted when leaving the meeting with Secretary Denver Stutler, Jr. he thought they had assurances of having something happen a little sooner than 2008; they talked about putting Jersey barriers at intersections where the demand was greatest;  and so far all that has happened is more discussions.  He advised it is frustrating when there is a belief that deaths could be avoided if there was cross-over barrier protection; and asked the Delegation to be expeditious in having something done.  

 

Mr. Kamm further noted SR 528 in Orange County, is adding a 3-strand cable median barrier starting west of SR 520 and continuing along most of the road; it is relatively inexpensive and easy to construct; and when questioned why that process could not be used on I-95 he was told DOT has not approved cable barrier for use on State highways, but the Expressway authorities have tested it and found it satisfactory and are putting it on the Expressway system.

 

Representative Poppell advised the widening of I-95 is not going to happen ahead of schedule; however, the Jersey concrete barriers have been moved up considerably starting with the south end of the County; a starting date should be received by the first of the year; and it will be through the heavier interchanges stretching from Palm Bay to Highway 50.   

 

Chair Voltz inquired if Mr. Kamm considered the barriers as disposable infrastructure.  Mr. Kamm replied the Jersey barriers are not because they are designed to be taken down and used again. 

 

Representative Bob Allen inquired how long Mr. Kamm has been working on the Max Brewer Bridge project.  Mr. Kamm responded ten years. 

 

Human Services Planner Al Yorston noted the request for the Veterans Memorial Center was inadvertently left out of the Legislative Requests. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to add Local Initiative – Veterans Memorial Center to the 2006 Legislative Requests.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson advised to extend the 3% cap to all residential properties is to amend the Constitution to apply the same 3% cap on the annual assessed value to all residential properties whether single or multi-family, homesteaded or non-homesteaded; the reason being it is estimated that 25% of Brevard residents are dependent upon rental housing; property assessments rise with market value and increase as much as 46% in a single year; and the taxes associated with such increases are passed on to renters who are already experiencing high rental cost. 

 

Chair Voltz noted maybe they could just make a clarification to the current Amendment.  Representative Ralph Poppell advised it would be much simpler than trying to do another Constitutional Amendment; and he will look into it. 

 

Mr. Yorston stated the Board’s position is to extend this cap for all residential properties; the bill that is referenced in the document currently includes commercial properties and it is not its intent to support that item; and if that bill were to be amended to remove the commercial inclusion and only apply to residential then the Board will support it. 

 

Commissioner Pritchard noted the 3% cap on commercial was never discussed.  Chair Voltz suggested looking at just the residential right now because it is a clarification of the current Constitutional Amendment and then looking at commercial on another Constitutional Amendment because it may be too drastic of a change. 

 

Representative Thad Altman advised the big problem in the County is where taxes are being shifted towards anyone who buys a new home; if it caps rental property now, there will be even more of a burden shifted on those who move in homeownership; and one of the key factors that must be looked at before anything is done is the ability to carry Save Our Homes within the County. 

 

Chair Voltz stated the cost benefit analysis of the portability of Save Our Homes and the 3% cap all has to come together.  Commissioner Pritchard noted his concern is that the people who can least afford to handle the increase will be the ones who are most affected. 

 

Senator Haridopolos noted he is glad to see the change in shift because in previous years, the Florida Association of Counties has been very negative on the portability issue; he believes this to be a matter of empowering people; the Delegation is looking at a multitude of options and would very much like suggestions; and Representative Mayfield is very involved in increasing the homestead exemption from $25,000 to $50,000.  He stated the portability piece is another important aspect of this issue; the more movement the County has among citizens, the more revenue is actually generated;  he hopes the Board will work closely with the Florida Association of Counties and that it looks at all of the parameters, which is again upsizing or downsizing of families, and the win/win aspect because of the Documentary Stamp Revenue; and he asks that today the Board come to a consensus within itself and  secondly,  where  the  Florida  Association  of  Counties  is  going  to  go on  this  issue.    He advised the Delegation currently has a proposal saying commercial property cannot increase by more than 10% per year; one of the leaders of the Senate is saying that after 10 years a person’s property taxes will not be increased at all under the current cap of Save Our Homes;  he  is glad to see the Board is being

 

proactive in looking at it from a different dynamic; and  before the Delegation gets started in Legislative Session, the Florida Association of Counties will have given its perspective so the Delegation can find out if this is unique to some counties.  He added he believes from talking to so many legislators across the State that the affordable housing is out of control; this might be a way to allow some mobility within their own population; Representative Altman is handling this on the House side; and he is glad there seems to be a change of opinion because it is a positive step forward for taxpayers who literally are getting taxed out of moving. 

 

 

 

 

Chair Voltz advised she missed a speaker card for FDOT.

 

Norma Adams spoke on the importance of barrier height, strength, and placement; and noted the average height for barriers in Brevard County is 23-28 inches but should be 40-42 inches.

 

 

DISCUSSION, RE: LEGISLATIVE REQUESTS (CONTINUED)

 

Representative Thad Altman advised the Florida Association of Counties does not always represent what the counties want and encourages Brevard County to support Senator Haridopolos’ bill. 

 

Commissioner Pritchard stated a good point to moving the portability of the Homestead Exemption of the Save Our Homes is many Floridians who are currently locked into existing homes will be able to move into appropriate housing; even though there are certain costs involved with it, the detrimental cost of having a person’s tax go from $1,500 to $4,500 or $6,000 will be negated; it is very important to him and he will push as much as possible to see that it happens; and he appreciates the support of Senator Haridopolos, Representative Allen, and Representative Altman who have already committed to this issue and he hopes the others will also. 

 

Representative Allen noted the immediate reaction by organizations who look out over cities or organizations interest is to think that any adjustment in the tax structure that creates a better level for the actual taxpayer is immediately a threat to their income; he echoes what Senator Haridopolos and Commissioner Pritchard said; tax breaks and tax cuts many times create more revenue for the government structure; and he does not want to see the economic momentum and prosperity stifled because people are being hampered by tax policies.  He added he hopes to see the Board continue its good works and go forward with action to support the Legislature. 

 

Representative Needelman advised this is not the first time the Delegation has discussed those issues like Capit, portability, and 3% cap; each member has taken on one of those battles in Tallahassee and faced the attack from the Association of Counties; as with DJJ, sometimes Brevard County ends up standing by itself in trying to accomplish things; and he suggests Brevard County start the Citizen Initiative Program.  He noted on some of those issues it is not only  the  Association  of  Counties  it  is  also  the  League  of  Cities,  and  when battling both it

becomes very difficult to get ideas across; the reason portability, Capit, and Homestead Exemption have not moved anywhere is because of the Association of Counties; if it cannot move any one of these items this year he will be actively involved in starting the Citizen Initiative

 

Program; and he feels there would be support from leaders across the State of Florida because it is a Constitutional Amendment.  He added there is an opportunity to take an active role and see if the change can be made through the Citizen Initiative Program. 

 

Chair Voltz stated she feels it is important to look at the analysis in order to prove that counties are not going to lose money and could even potentially gain money through this.

 

Senator Haridopolos noted the Delegation is never going to meet the counties’ magic number.

 

Representative Needelman advised the Delegation did an analysis with Capit and still had no luck; and he feels it would be best to take one item, push it as hard as possible, and if it still does not pass, start the Citizen Initiative Program.

 

Commissioner Pritchard inquired if Brevard County has more of an ability to have something passed as a Charter County to get Save Our Homes portability.  County Attorney Scott Knox replied the same problems will still occur.

 

Commissioner Pritchard inquired if the Charter Counties were to form a coalition would it go anywhere, or would only a State initiative that would affect all counties.  Mr. Knox responded in the affirmative.

 

Commissioner Pritchard stated due to the fact that the recently approved Ordinance of December 6, 2005, concerning the sale and use of fireworks Countywide, did not contain a fee schedule or affidavit, the Ordinance will not be implemented until February 1, 2006 to allow time for the preparation of the compliance documents.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct there will be no enforcement of the Fireworks Ordinance until February 1, 2006.  Motion carried and ordered; Chair Voltz voted nay.

 

 

Commissioner Pritchard advised if something happens in the State, Brevard County will be on record as having the Ordinance in effect for the County.

 

Commissioner Carlson expressed her appreciation to Senator Haridopolos and Representative Allen regarding the Clean Ocean Act; and stated she hopes to see some movement on it. 

 

Representative Allen encouraged anyone with a coastal issue to contact every County Commissioner around the State asking them to go forward with supporting the bill; noted support has come from Destin, wrapping around Tampa, and following up the East Coast; the cruise ship industry has joined in the bill by defining its role very clearly and how it handles sewage so as to not fall under the definition of a day gaming vessel; and day gaming vessels have an entirely different style of operation and way of handling sewage.  He added the gaming boat industry makes a lot of money in Florida; it is responsible for about 25% of the Port of Canaveral revenue just from the head tax to the Port; one million people a year go through the Port of Canaveral to enjoy day gaming;  and  the  Delegation  does  not want to damage that but

wants to make sure the day gaming vessels brought its sewage back with it and processed it to a higher standard.   He advised the charter boat captains have been one of the biggest supporters; environmental groups that have long wanted this have been rallying beside it; those that  have  witnessed  the  dumping  at  a  four-mile  or even eight-mile limit say it certainly does

 

 

change the water when it hits; and encouraging local officials to get behind the bill is going to be key because it is never easy when going against the very rich. 

 

Commissioner Carlson inquired if the County has the cooperation of the Port Authority.  Representative Allen replied the official vote has been to be neutral on the bill; the Port Authority has worked an agreement out with the operators to go out to eight miles to dump sewage; and one thing the Port Authority has been very cooperative with is in locating a site to provide a pump-off facility. 

 

Senator Haridopolos advised this is in the State’s best interest; he is hopeful for success; and he applauds Representative Allen for leading the charge.

 

Commissioner Pritchard stated the Veterans Memorial Center comes up every year; it is a $1.5 million estimate to build a museum; everyone is aware of the work the Veterans do; and he requests the Delegation keep the Veterans in mind if there are extra monies. 

 

Commissioner Pritchard noted the Port is going to go with a Ron Jon facility on the Banana River side that is going to be hotel rooms and convention centers; he thinks that if it could triple the size of the convention center Brevard could tap into some of the Orlando convention business but the Board would need an influence that it could put on the Port or discuss the necessity for having something larger, that way it could bring some of the trade shows over here; it would benefit the Port and the other hotels around; and it is the best opportunity it has had in a long time to request the Port consider having a larger convention and fewer hotel rooms.

 

Representative Allen requested County Lobbyist John Thrasher help counsel the Delegation on how to help Brevard County get the Veterans Memorial Center; noted Brevard County has the highest concentration of Veterans; the Veterans do a great job with educating and have a lot of material to make this an educational museum facility; and the facilities incurred a lot of damage during the hurricanes.

 

Mr. Thrasher inquired if it has been put through the Department of Veterans Affairs.  Representative Allen responded it will be presented as the Memorial Education Center through Veterans Affairs this time; and reiterated the Veterans desperate need for repair and expansion. 

 

Mr. Thrasher recommended visiting the Governor and addressing those issues personally. 

 

Senator Haridopolos requested each member of the Delegation be given the opportunity to go over a couple of its priority bills for this Legislative session. 

 

Representative Needelman advised he will be pushing for several items this session; one is Capit because it is imperative the will of the people in Brevard County be followed through; two is dealing with a Second Amendment issue that occurred in Louisiana and West Palm Beach, which is the taking of weapons from citizens during a time of emergency; and options to expand the possibilities of access for boating activities.  He stated the third is looking at ways to protect the boat owners and marinas when a disaster hits; other issues include the high water mark ruling,  DJJ and  funding,  and  making  the  key  lime  pie  the  State  Pie  for  Florida;  and  for additional information or to contact him his email address is mitch.needelman@myfloridahouse.gov.

 

 

 

Representative Allen noted there are several acts he is pursuing this year: the Sexual Predator Elimination Act, including a correction to the Jessica Lunsford Act and freedom of the zoning issues to allow the local government to be the last word on boundaries; the Clean Ocean Act; a health insurance subsidy increase for those on the Florida Retirement System; and a Home Inspection Bill.  He commended County Lobbyist John Thrasher for helping with the Space Industry’s future in Brevard County.  He noted for additional information on the above mentioned bills, he can be reached at bob.allen@myfloridahouse.gov or by phone at 449-5111.

 

Representative Altman advised he is monitoring many of the agency bills, energy policies, property tax reduction, Spaceport issues, highway safety, and land acquisition programs ensuring no reduction in Florida Forever Funding. 

 

Representative Poppell stated he wants to clean up the ambiguities in the laws affecting what a young person can or cannot have on school grounds, obsolete agricultural equipment and associated taxes, and controlling exotic, invasive animals; and is supporting the $2 million bill for education, non-judicial recovery of vessels, and private-property rights/eminent domain.  He added for additional information or inquiries, he can be reached at ralph.poppell@myfloridahouse.gov  or by phone at 770-6708. 

 

Senator Haridopolos advised of some Florida State successes such as the dropout rate has been cut in half since the A+ Plan has been put into place, spending per student is up to approximately $6,500 (33% increase), the crime rate is the lowest point in over 37 years thanks to aggressive policies such as 1020 Life, over the years taxes have been cut by $13 to $14 billion,  they now have a AAA Bond Rating, and they have passed the toughest law in the Nation dealing with lobbyists and ethics.  He added the State is currently working on the Kelo decision and thanked Brevard County for its support, the confusion surrounding a massive growth management bill that was passed last year, and a glitch bill dealing with the incredible growth in Brevard County.  He noted personally he is working on property taxes, investigations into citizens insurance, Capit, Constitutional Amendment Reform, and eliminating the incentives for illegal immigration and penalizing the business that hire them; and for additional information or questions he can be reached at mike@senatormike.com.  

 

Commissioner Pritchard noted his support in eliminating the incentives for illegal immigration; and encouraged Senator Haridopolos to carry it as far as he could.  Senator Haridopolos responded they must play by the rules; millions of people are waiting to legally come into this Country; and there are enough burdens with the crisis in Medicaid and the overcrowding in schools to have to handle this additional one. 

 

Commissioner Colon advised Brevard County is facing serious issues regarding illegal aliens; the criminal activity with illegal aliens has increased tremendously; for three months it has tried to have cooperation between immigration, customs, and enforcement (ICE) without any luck; and requested Senator Haridopolos’ help in setting up a meeting with Congressmen Weldon and Feeney.  She added the problem is serious and needs to be looked at; jails cannot afford to take in illegal aliens because they are already overcrowded; the burden is on local government and is not a Federal problem; and since September 11^th, this is also about terrorism. She encouraged everyone to get behind this and let it be known that if someone does a crime they will be doing time even if they are an illegal alien. 

 

Senator Haridopolos advised the first step is to eliminate the incentives and then how to deal with those persons that are here; the Federal Government is spending 10 times more in fighting illegal immigration than just a few years ago;  it  needs  to  be  a  true cooperative effort between

 

Federal, State, and Local Government; and Brevard County could count on his help and support.  He added Mel Martinez has taken the lead with this issue in the US Senate; the whole Delegation has offered to help; and he hopes to find success because it is just depriving others of opportunities which is what this Nation is all about. 

 

Chair Voltz stated she works one day a month for Circles of Care in the Baker Act unit and requested County Attorney Scott Knox reiterate there is no conflict of interest.  Attorney Knox replied she is correct; there is no conflict of interest.  Chair Voltz noted Circles of Care has not had an increase in funding but population has increased; and advised of its dire need for help. 

 

Representative Allen advised the Emergency Operations Center for Brevard County is on the last days of its heating/air conditioning/ventilation system and needs to be put as a priority for State Emergency Management Funding.  The Board expressed its support. 

 

Lisette Kolar expressed her appreciation to the Board for funding the feasibility study; and to the Legislative Delegation for agreeing to send the bill forward.  She advised David Laney completed the feasibility study; he is working on an addendum; included in the addendum will be the results of a survey indicating the people are ready for their own government, a letter from County Manager Peggy Busacca stating the County agrees to provide services, and a resolution from the Town of Malabar supporting the incorporation; and the charter has been completed.   She added the population number given by the County for the feasibility study is 11,000; it was checked twice because she did not feel it was correct; if the State committees have a problem with the number she will request a waiver; and her concern is the revenue sharing is affected by the population. 

 

Norman Danella stated most of the people in Grant did not want to incorporate; those wishing to incorporate have not attended the Grant community meetings to discuss the issue; and the local bill needs proper population figures because it is off. 

 

Representative Poppell inquired if Mr. Danella had attended any of the Grant-Valkaria incorporation meetings; with Mr. Danella responding negatively.  Representative Poppell noted the feasibility study was done within the 90-day period and submitted; the Charter has been done; and there has been a lot of work that has been done so there has been a lot of opportunity for input.  He stated the supporters have been diligent in trying to involve everyone; they have taken the proper steps to cover all the bases; and whether he believes it to be the right move or not is not the point. 

 

Mr. Danella advised the figures on the study have taxes going up 41%.  Senator Haridopolos responded the numbers are preliminary; the State will look at the numbers; no vote will take place until the correct numbers are in; and advised of the importance to become involved by attending meetings whether one is a supporter or not.  

 

Commissioner Colon noted the Board did not give a seal of approval to the incorporation but rather granted an opportunity to have the study just like it has for other areas in Brevard County. 

 

Commissioner Pritchard stated it does not want to create a deficit city; and when the data comes in the decision will be made. 

 

Chair Voltz advised she has a few concerns; she is neutral and wants the people to vote for what they want; in the study it used a traffic analysis zone for the population including Barefoot Bay but it should not have been included; and she is not sure if the density is there.  She inquired whether the numbers would be crunched once it gets to Tallahassee or will it just be taken as it is; and will it come back for referendum for the people. 

 

Senator Haridopolos replied the numbers will be crunched in Tallahassee; it will be a decision of the residents in that area like Port St. John; and any action it supports will have the voters of the community making that decision not the Legislative Delegation.

 

Chair Voltz noted it is her understanding the authority is there to do it either way.  Representative Allen responded they passed the bill; it does have to be a referendum; but that does not mean the Delegation supports it.  Chair Voltz inquired who determines the numbers in the referendum such as 50% must support the bill.  Representative Poppell responded this is democracy in action; there is an opportunity for the community if that is what the people want to do; and the people are going through the process and it may succeed or it may not.  He added in the process it goes before the Governor’s Office of Planning, Department of Revenue, Department of Community Affairs, Legislative Office of Economic and Development Research, and Legislative Commission of Inter-Governmental Relations.  He noted there are different steps the bill will go through in Tallahassee before a final answer is given as to whether the community even comes close; the study numbers do not show a 41% tax increase; and he does not know if the numbers used in the study are correct. 

 

Chair Voltz reiterated her original question as to whether the people in Tallahassee are just going to look at the study to see if it works or not; with Representative Poppell responding negatively.  Chair Voltz stated she needs to know that if the numbers will be crunched and accurate if this should pass, and her residents will not get a 41% increase. 

 

Representative Poppell advised it is looking at two different things; one is number of people and two is dollars; if there is a tax base a concession can be made to make that work within the rule of the law, but the dollar value is more important than the number of people; and the numbers will be looked at by the different agencies and will be the determining factor in the decision.  He added there is still a lot of work left to be done.  Chair Voltz replied that is the level of comfort she needed and expressed her appreciation.      

 

Lisette Kolar noted there are 1,300 signatures on the petition to do the study and that is about one-half of the registered voters; the petition was indicative of the support; and in the Charter and the feasibility study funding has been planned for a referendum on August 1, 2006 if approved by the Legislature.  Chair Voltz inquired why Ms. Kolar did not wait to go with the primary election in September as it would not cost anything.  Ms. Kolar replied the money is there; the Charter requires a certain amount of time for the candidates to qualify and campaign; and she does not think it is a law that it must be a referendum but it has been a tradition and the Legislature has always required it. 

 

Norman Danella inquired how many surveys were sent out and how many were received back. Commissioner Colon replied the Board did not do the survey; and he should get with Ms. Kolar. 

 

Representative Allen inquired if the County is still pursuing keeping Florida Hospices as a not-for-profit status; with Legislative Delegation Coordinator Leigh Holt responding affirmatively.  

 

 

 

County Manager Peggy Busacca advised she wants to make sure the Legislative Delegation knows the Board has not taken any action on the Viera Stewardship District Act; a workshop on the item has not been scheduled yet; and there are representatives from Viera to speak on the item.  

 

Human Services Planner Al Yorston noted the Viera item will be coming under the Local Bill Request but the Legislative Delegation should be aware that the Board is not taking action until next month. 

 

 

 

Assistant Director of Housing and Human Services Chenita Joiner advised the County is requesting an amendment to Section 421.27(2) of the Florida Statutes to allow the Board the option to appoint two seats to the Housing Authority.  She stated currently the Housing Authority has three boards that operate within the County; one operates within the city limits of Melbourne, the other in the City of Cocoa; and the third is a County board that provides oversight to housing authority properties within the unincorporated areas of Brevard County.  She noted the current Legislation dictates that the local governments within the city are allowed to make the appointments to the local boards and the Governor makes the appointments to the boards that oversee the Housing Authorities that are in the counties; this change in the Statute would allow for a more inclusive process; Housing and Human Services works with a lot of initiatives and programs that not only do a lot of evaluation processes for housing issues throughout the County but also do a lot of planning processes and identification of funding; and if there was more interaction with the Board in making some decisions on the needs of housing within the County it will enhance communication, increase understanding, and minimize duplication. 

 

County Manager Peggy Busacca noted the Cooperative Agreement with the Housing Authority required payment in lieu of taxes; it was discovered recently that had not been done for a number of years and Brevard County was owed $600,000; in trying to negotiate out the agreement, staff and the Board became aware of other issues where the information that had been requested was not received in a timely manner; and it is really not certain how the programs were interacting with the Housing Authority’s programs.  She stated the Board tried to negotiate with the Housing Authority regarding the $600,000; the Housing Authority said it would support having some kind of membership from the Board on its authority but it did not happen; the Board is very concerned that at the local level in Brevard County it has no participation in this very important issue of housing; and the County would like to understand how to best go to the Governor if that is what this requires to get the membership changed.  She added this may have Statewide implications.

 

Chair Voltz stated the Authority’s vehement opposition to the Board appointing two members on its board was a red flag; she has an issue with budgeting for something and then not paying for it; she wonders whether the Authority is being financially responsible; and the majority of the Housing Authority Boards have seven members and this one only has five. 

 

Commissioner Colon advised this is not a red flag for her; she believes having two more members appointed by the Board will increase communication; the Authority is under major scrutiny from the Federal Government, and Housing and Urban Development (HUD); and the members of the Housing Authority Board are people of integrity and doing a fine job.  She stated this is a positive step; and she would love to see the cooperation from the Governor’s office to allow two representatives appointed by the Board.

 

Commissioner Pritchard noted it is a question of accountability and responsibility; there is a tremendous amount of money handled by the Authority; the Authority is doing business within the County; and frequently the Board is involved in a secondary nature such as zoning requests yet it is not at the table.  He advised it helps to make better decisions by being present when discussions are taking place. 

 

Human Services Planner Al Yorston stated from the staffs perspective, it needs some direction from the Delegation on what is the best method to put the item forward.  Senator Haridopolos replied this is the first he has heard of the issue; he is not sure how unprecedented it is; he would like to do more research before making a decision; and the Governor is spectacular in seeking the input from the local community when making appointments. 

 

 

 

Commissioner Carlson advised District 4 has worked very hard in putting together money for the Pineda Causeway; there is Federal, State, and County support; but there is a hitch regarding the railroad crossing; and requested Transportation Engineering Director John Denninghoff to address the issue.

 

Mr. Denninghoff noted the Florida East Coast Railway (FEC) is resisting the widening of Pineda Causeway as it crosses the railroad; a bridge over the railroad may have to be considered; the cost associated with that would be about $12 million added onto the project; and there will also be serious implications regarding access to existing established businesses and properties that are along the Causeway.  He further noted there could be additional right-of-way impacts that could drive the cost up to an estimated $25 million; there is another scenario where the entire interchange with US 1 and Pineda would have to be reconstructed and reconfigured; that would add an additional $25 million on top of the other estimated costs already mentioned; and hopefully in the next two to three months Brevard County can convince FEC to go along with the project.  He added if it fails, Brevard County will be needing help with the situation; FEC is hard to deal with; the position of FEC is the Railway cannot authorize the widening of the existing at- grade crossing and ask that the Board revisit the overhead highway design and submit plans for review and approval; and at this time, there are only rough estimates because the whole design process itself is costly.  He stated Brevard County will provide the Railway with expanded information regarding the impacts of this sort of decision; hopefully the Railway will decide the cost/benefit ratio is in favor of just widening the crossing to a four-lane road; in Brevard County there are approximately  24  higher  volume  four-lane  roads  that  cross  the  railroad  in  existence; and the Pineda would provide a critical link for both hurricane evacuations and to relieve  congestion  in  the central part of the County.   He  advised  this  is  the  most  important

County transportation project; and it is critical to US 1, Wickham Road, Merritt Island residents, and the beaches.

 

Commissioner Carlson stated this will greatly impact any future development in the Viera area if additional funds become necessary; an overpass is too expensive; and she appreciates any support or assistance. 

 

Representative Altman noted there is a spur close to the intersection for the train to stop and unload cars for the businesses; there are industrial zones to the north and the south; this complicates matters for the railroad; and for the Railway to use the spur it will back up traffic with long delays.  He stated it is a complex problem; both sides need to be looked at; and there are benefits with the overpass.

 

Representative Allen inquired if the 32,000 count a day is current; with Mr. Denninghoff replying the current count on Pineda is 22,000 a day.  Representative Allen stated FEC has a valid point with the spur there and the future use of the road; and overpass money should be looked into. 

 

Chair Voltz inquired if the carwash that was recently acquired would change; with Mr. Denninghoff responding in the negative.  He advised it is ready to go to bid for the realignment phase of the project which would start just west of Wickham Road and go to the US 1 interchange at Pineda. 

 

Commissioner Carlson stated that if this happens it should not hold up the whole project because there is money to go from Wickham Road to I-95; that piece needs to happen because Wickham Road needs the relief; and the primary purpose was to make Pineda a major evacuation route. 

 

 

Upon motion and vote, the meeting adjourned at 4:15 p.m.

 

 

 

 

ATTEST:

 

                                                                                                              

                                                                                      _______________________________

____________________                                              HELEN VOLTZ, CHAIR

SCOTT ELLIS, CLERK                                                 BOARD OF COUNTY COMMISSIONERS

                                                                                       BREVARD COUNTY, FLORIDA

         

 

        (S E A L)