MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

July 17, 1996

The Board of County Commissioners of Brevard County, Florida, met in joint session with the City Council of the City of Palm Bay, on July 17, 1996, at 6:30 p.m. in the City Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Commissioner O?Brien. Present for the City were: Mayor Mel Broom, Deputy Mayor John Mazziotti, and Councilmen Rick Conner and Hank Simon.

Mayor Mel Broom called the meeting to order; and advised they will discuss the items on the Agenda then open the floor for public comments. Commissioner Scarborough recommended allowing public comment in conjunction with the item being discussed. The Clerk called the roll; Mayor Broom called for a motion to excuse Councilman Colon, then turned the meeting over to Chairman Cook.

Growth Management Director Sue Hann advised the Board contracted for a study on the Palm Bay Beltway in 1995, and evaluated all the corridors for a route through or around Palm Bay. She stated they looked at the advantages and disadvantages of the beltway, environmental issues, etc.; and the Study concluded that Alternates A and B to Grant are the most feasible routes. She stated Alternates C and D have significant neighborhood impacts and are not recommended; and Alternate E has some advantages. She stated an interchange at Grant is desirable from a traffic engineering perspective; however, the study did not specifically study the interchange at Grant or any other location, and the costs are not included in the study. She noted it was just a basic conclusion and was not analyzed for costs or impacts. She stated the location of the interchange was not site specific; the basic point is that an interchange somewhere in that area would be incorporated if necessary to carry traffic from Melbourne; and Palm Bay City Council supported Alternates A and B. Ms. Hann advised the public participation program provided a number of opportunities for public input on the project; there were two workshops at Palm Bay City Hall and Grant Community Center; Alternate A had quite a bit of support from the citizens in Palm Bay; and generally Grant opposed both aspects of the beltway. She stated at the June 10, 1996 workshop, citizens were asked to respond to a beltway survey; those people from Palm Bay supported the beltway; and there were not many citizens from other areas, so the survey generally reflected the responses from the citizens of Palm Bay. She stated they requested the people who attended the meeting to give them ideas of other transportation alternatives; they had about 125 people divided into eight groups and gave them the opportunity to give their ideas on what improvements should be looked at in the Palm Bay area to improve transportation infrastructure; and the beltway options received quite a bit of support.

Ms. Hann advised the Brevard Metropolitan Planning Organization (MPO) is a board of 19 members, five County Commissioners, 13 municipal elected officials, one Port Commissioner, and three members from the City of Palm Bay; the purpose of the board is to look at Countywide transportation issues; and one of the functions is to produce a long-range transportation plan. She stated they produced a long-range plan that indicated potential traffic in the year 2020 based on specified transportation improvements and land use improvements; and they included a portion of the beltway, Alternates A and B and the interchange at Grant in the long-range plan analysis. She noted they have not analyzed options without the beltway or with different transportation improvements. She explained the slides depicting population and employment areas resulting in high volume of traffic on north/south arterials during peak hours; and stated an analysis of land use and land use patterns that would alleviate demand on north/south arterials should be considered. Ms. Hann advised the estimated cost for Alternate A is $10 million, and Alternate B and Grant would be about $22 million; assuming the local option gas tax will be extended for another 15 years, through 2016, revenues projected would be able to partially fund some of the project, but the County does not anticipate sufficient revenue for the entire project. She stated they need to look at what else can be done to mitigate transportation impacts in South Brevard, and work together to prioritize transportation projects and make sure they are directing resources in an appropriate manner.

Councilman Conner inquired why so many people in Grant opposed the alternates, including A which has no bearing on their community; with Ms. Hann responding some citizens were concerned that the beltway would degrade their quality of life and affect their community in a negative manner. Councilman Conner inquired if they understood Alternate A would not affect them at all; with Ms. Hann responding they were shown the map where the different segments of the project were proposed to go. Councilman Conner inquired if staff and the landowners met to work out a compromise, and is there a route supported by the land owners; with Ms. Hann responding not at this point.

*Commissioner O?Brien?s presence was noted at this time.

Councilman Mazziotti advised the beltway does not come into play in Grant; with Ms. Hann responding the beltway would pick up some of the north/south traffic and get some traffic to U.S. 192; and it impacts U.S. 192 and John Rodes. Councilman Mazziotti advised the vote on Alternate A was unanimous and Alternate B was four to one; there are good size streets the beltway is scheduled to cross over; and inquired how is that going to be addressed if Alternate B is done; with Commissioner Ellis responding it would just be another city street. Councilman Mazziotti advised Alternate E runs around the outskirts of the city; with Commissioner Ellis responding the problem is acquisition of right-of-way. Commissioner Ellis stated if the thought is to do Alternate E in 25 years, the County should begin to acquire right-of-way and work with the Water Management District for the western side of the city; and they need to survey right-of-way and secure a route especially on the west side for 20 years from now. Councilman Mazziotti inquired how far is the Board willing to get involved; with Commissioner Ellis responding a survey for the route would cost $25,000.

Commissioner Higgs advised the original feasibility study on the alternatives had numbers and recommendations on Alternate E; and inquired if staff has the projected traffic for 2020; with Ms. Hann responding she could look through the study to locate it, but the numbers did not show the volume of traffic to justify it. Councilman Mazziotti advised Alternate B will have the beltway dissecting the City like I-95 did, and he does not want to see that happen.

Commissioner Ellis stated his concern with Alternate E 20 years from now is to find out DeGroodt is another Minton and San Filipo is worse, and that subdivisions were built in a part of the route for Alternate E so there would not be a route. He stated that is the practicality of acquiring right-of-way; and if they do not have a route selected and right-of-way acquired they may be precluded from doing Alternate E in the future.

Mayor Mel Broom advised the reason the Council voted for Alternate B rather than E is because of the way the streets are laid out; there are no direct access streets like Malabar Road; and the purpose in considering that was to pick up people in that area and move them out of the city. He stated Alternate E is a true beltline, but everybody who wants to get out of the city would have to go south or west; and that was the thinking of having Alternate B rather than E. He stated there is no development down there now and no one knows how long it would be before there is development; so the need for that particular leg of the beltway would not be necessary for 20 to 25 years. He stated the reason they were looking at a beltway within the city was to move traffic in case of emergency. Commissioner Ellis stated the City had a subdivision submitted three years ago on the south side of Malabar Road and nothing has happened, but the potential exists for a large subdivision; and there is no access at that point to connect with Alternate E or B or anything. Ms. Hann advised the traffic volume projected from Malabar to St. Andrew is 6,515 and from Babcock to Grant Road is 9,968.

Councilman Simon advised the growth in Palm Bay is inevitable; if the roads are used in both directions, they will have better use; all the people in Palm Bay travel east and north every day; and if they had jobs south and west, they would use the roads in both directions, and the City would not have to invest all the money into widening and doing other things. He stated if the groves were changed on the Future Land Use Map and rezoned, there are a number of industries looking to open plants that will employ people; and the Council should consider that as an alternative and plan to have jobs south of the city to use the roads in two directions.

Councilman Conner stated the money to acquire right-of-way for Alternate E will be a gamble; and he does not think it will be used in 20 years or that there would be enough people in 50 years. Commissioner Ellis stated that is what they said about Palm Bay Road. Councilman Conner stated he would hate to invest money in right-of-way for Alternate E the way money is now and all the roads that need fixing; and inquired what will they get for that investment; with Commissioner Ellis responding the ability in the future to build that road, and recommended preserving the right-of-way now. Mayor Broom indicated he concurred with Commissioner Ellis and wonders why nothing has been done. He stated when he was on the Transportation Committee 15 years ago, they talked about not purchasing right-of-way but requiring a certain corridor be reserved without having to purchase it. Commissioner Ellis stated by designating a route, as subdivisions occur, the City can request in the site plan that the area be reserved. Mayor Broom stated he hopes the City and County will be smarter and start to preserve land for future roads.

Councilman Mazziotti inquired if the Council needs to identify A or is there any direction it needs to give. Ms. Hann advised the County has $32,000 in transportation impact fees for the project; they could work on right-of-way acquisition for Alternate A, but would need to know if there are aspects

of the projects the City does not want and what they should be pursuing. Chairman Cook stated the Board is not prepared to take action, but wanted information. Councilman Conner stated it is up to the Board to decide whether it will support Alternate A; and the Council needs to know whether or not to proceed and acquire the right-of-way necessary to connect Malabar Road to U.S. 192. Commissioner Higgs stated $32,000 in acquisition money is not much; staff needs to find a way to get traffic counts of that corridor; at this time there is opposition from the major property owner; and the Council and Board could direct staff to meet with the property owner to see if there is an alternative he could support. She noted if they cannot find a way to work with the major property owners, they will be in litigation for a long time, so that seems to be the first step to determine if there is a potential route that could be worked and not be in opposition with the property owner.

A citizen stated there is a need for Alternate A; if Hurricane Bertha had come, they could not get all the people out of the city; and there is no traffic light on the east side on the north bound lane of Palm Bay Road, but there is one on the west side. Commissioner Ellis recommended Ms. Hann work with FDOT; with Ms. Hann responding she has, and they have minimum standards as a basis for traffic lights. Commissioner Ellis inquired if they would look at it as a safety issue; with Ms. Hann responding there is an accident warrant in the standards, but it has to be raised with the State.

A citizen stated the only meeting where all the people supported Alternate A was at the Civic Center; Mr. Nanni put in a plea to support it and people showed up; and all the others there were in opposition. He stated if the property is acquired and Mr. Carlile Platt is put out of business, he will sell his 6,000 acres for houses. He stated they have right-of-way at the M-1 and C-1 canals where they could run a road from the west side of the city to Babcock; it will relieve traffic on Minton Road; and they could put an overpass on I-95 to get off or on to go north as an alternative to going west on U.S. 192 rather than a beltway. Councilman Simon stated evacuation is to the west by U.S. 192; there should be four lanes going east and west from South Brevard, but that did not get attention either; and moving the traffic to get to I-95 will create a traffic jam on I-95. He stated they will be standing in line with people from the beaches if there is a hurricane; so they need to look at going north and south not only east and west. Ms. Hann stated they have a study for the northwest Palm Bay area and are looking at those types of opportunities.

Commissioner Higgs stated the State did a $400,000 study on the north/west corridor; and inquired if it is premature to ask about the beltway; with Ms. Hann responding it is difficult to answer; an analysis showed benefit to Alternate A or additional corridor; and given the funding the County has, they could take small steps and work with the property owners for an agreeable option. Commissioner Higgs stated the study did not address other east/west routes or interchanges, and that may be a fallacy. Chairman Cook inquired what is the time table of the study; with Ms. Hann responding it should start in the Fall and run for 12 months. Commissioner Ellis stated there is not a lot of alternatives available for people to go north if they are going west on Minton Road. Sam Simonian stated they should buy right-of-way now; but he was told if they do not have a designated project, they cannot do that.

A citizen stated land west of C-50 canal was purchased in anticipation of building a school, but it did not happen; it is owned by two men from Harris; and they are not sure how they feel about the beltway. He stated Emerson Road is being four laned to Jupiter; there are two stores, two schools, and a lot of children on that road; and going from four lanes to two lanes to the beltway is dangerous unless it is widened all the way to the beltway. He inquired if the beltway will be divided or two laned, and how far back from the C-50 canal will the road be. Ms. Hann stated the intent is two lanes then four lanes divided if needed.

Carlile Platt stated the beltway will cut his property in two; and if it goes through his land, it will be up for sale. He stated the country is putting agriculture out of business every day. He stated people should use common sense instead of going to Osceola County when a storm comes because the storm will go there; and they should get on I-95 and go north out of the State. He stated it will not do any good to put a beltway around the city.

A citizen inquired what is the traffic count on Babcock; with Ms. Hann responding traffic projections on Babcock vary considerable; north of Malabar Road is about 65,000; further south reduces to 27,000 between Malabar and Valkaria; and it is 12,000 between Valkaria and Grant.

Mattie Lafferty stated they had 4,000 petitions and the elected officials ignored them and said they did not count because they never showed up at the meeting; and they will see on election day how many people show up to vote. She stated some of the elected officials were for Palm Bay Road extension; four years ago the road would have been built; they have studied Palm Bay Road for ten years; and now they are spending $400,000 to study Palm Bay Road again. She inquired how long do they have to wait and cost the taxpayers more money. She stated Mr. Platt is a millionaire so it does not hurt him; but when someone spends his life farming he does not want someone taking away his property rights. She requested looking at Palm Bay Road and getting it done for the safety of the people.

A citizen stated he heard Alternate E was a no-no, then they talked about evacuation of the city; if Alternate E was a reality, they could run up DeGroodt to Jupiter then joins Minton pass I-95; and the ones on the east could evacuate to I-95, and the west side could go to U.S. 192. He stated he has been in the city for almost 30 years; there was about 350 to 400 people at that time; and now there is over 75,000; so the City and County need to plan for the future.

Fran Wells stated she was pleased with the County looking at the beltway because Florida has problems in not planning for the future; and even if it is not built, they should designate that route. She stated the Indian River prohibits going east, so the only thing left is going west; and it is time now to lay out the route, otherwise it will be cost prohibitive.

Bonnie Conner stated a two-lane beltway is not what she had in mind; and suggested building a four-lane beltway to do it right. She stated when the County built a bridge to the beach, it was two lanes; and when it built two more lanes, it cost more than what it would have cost to four lane it the first time. She requested the Board and Council think about the future, and getting people out of the city in a safe manner. She stated the long-range plan should not be to get on 192, but to go further and around the city not through it.

Barbara Dilabaugh stated people west of Heild Road do not want progress; they need a beltway, but while they are waiting for the beltway, there is money for Palm Bay Road extension; and there are accidents on that road every day. She stated it is bumper to bumper all the way to Malabar; the beltway should be built if they can afford it; but in the mean time, give them some relief off Minton at Palm Bay Road because that is where the congestion is.

Councilman Conner inquired if Mr. Platt has 6,000 acres; with Mr. Platt responding 5,000. Councilman Conner inquired if there is a route he can see from Malabar Road to 192; with Mr. Platt responding there was one he did not oppose, but he did not hear from anyone on that route. Councilman Conner stated staff needs to communicate with the people and try to work out a route; something has to be done; he does not want to put Mr. Platt out of business or make him sell his lands; but there should be a compromise to find some way to make it happen.

Councilman Simon inquired if there is a route Mr. Platt would agree to; with Mr. Platt responding there is a route proposed across Section 14 that he said he would not fight, but it will cut his children?s property. Councilman Simon inquired if the beltway ran along the dike it would not affect his land; with Mr. Platt responding it will be in the wetlands, and St. Johns District would not go with that deal. Commissioner Higgs recommended staff work with the property owners and bring back a north/west corridor study to look at options. Commissioner Ellis stated he is concerned there will be no work on right-of-way survey until the north/west corridor study is done; with Commissioner Higgs responding they cannot survey until they know.

A citizen stated she hopes the reference to property owners also includes homeowners; she owns property in the area, and the C-50 canal is the boundary of the back of her property; she asked Commissioner Ellis how close the beltway is proposed to come to her property; and he said measure 120 feet from the canal, and that would be about the distance, which is not a good answer for her. She stated Mr. Platt?s house is behind hers; they like it out there; they bought homes in the area for the peace and quiet; and they like it that way and the lifestyle and everything that is there. She requested the City and County find other routes for a way out; and stated to throw good money after bad to take them along a route that will bring them to congested 192 is not a solution.

County Manager Tom Jenkins advised staff gave a report to the Council on the jail issue.

Mayor Mel Broom advised the City sent a letter in support of that, but it was with a proviso that other cities also join in. Commissioner O?Brien stated they have to or it cannot be done. Councilman Mazziotti advised they agreed to give up their share, but if every other city keeps their share, Palm Bay will be building the jail. He stated the other issues that came up at the Council meeting were continued funding of the jail and the second pod.

County Attorney Scott Knox advised the majority of the municipal population needs to agree to go along with spending all the money for the jail; and if they had Palm Bay, Melbourne, and Titusville that agreed, the money can be spent for the jail, and the taxes will apply Countywide.

Commissioner Scarborough stated the City of Palm Bay has more say than other cities because it is large, and where Palm Bay goes is a major direction. Chairman Cook stated Palm Bay has indicated its support.

Councilman Mazziotti inquired about the second pod and maintenance of the facility; with Mr. Jenkins responding the Board deliberated over that for some time; and its conclusion was that adding 180 minimum security beds and double bunking another pod would be sufficient to get through the next five to seven years. He stated there was concern about building more than needed and putting the sales tax on for the least time possible to improve the chances of a successful referendum, but it will be an interim solution and not a 20-year solution. He stated in terms of operating costs, those will have to come from several sources; (1) there could be some growth in the tax roll to allow some additional revenues to the County; (2) reduce spending in other areas and defer that money to that need; and (3) an increase in the ad valorem tax rate. He stated it could be a combination of those; and that decision will have to be made in about three years.

Mayor Broom inquired if there is no firm recommendation on which way to go, and is the County just looking at options; with Mr. Jenkins responding yes. Mayor Broom stated they need to decide how that problem will be resolved. Commissioner Ellis stated that is not a bondable cost and will have to come from General Fund, cuts in other areas, or revenue from new growth in value of homes. He inquired how much would it cost to operate the facility; with Yvette Parker responding 2 to 2.5 million dollars a year. Mayor Broom inquired about infrastructure for the two pods such as kitchen and laundry facilities; with Ms. Parker responding the infrastructure that was built with the original jail was for 384 inmates; the facility has been double bunked to 672 inmates; and if they double bunk minimum security and add a pod it would total 1,260 inmates. She stated the infrastructure of the current facility cannot handle the increase to 1,260 inmates; so the additional renovations in addition to the pod is to upgrade kitchen and laundry facilities. She stated the Board has approved the laundry and storage facilities now; and it will meet the needs of today with one pod. Mayor Broom inquired if the County still has to build the second pod; with Ms. Parker responding no, there is a core facility built into the main structure; if a pod is added, they have to enhance those to take care of that pod and existing needs; and if they expand another pod; they do not anticipate having to upgrade those infrastructure needs to any great degree.

Chairman Cook stated the operating cost is a recurring cost with the expansion of one pod. Councilman Mazziotti advised it did not identify where the operating funds would come from; and inquired what are the identified funds. Commissioner Ellis mentioned franchise fees, sales tax, General Fund, or a mixture of funds. Councilman Mazziotti stated they want to know that funds will be available once it is built. Commissioner Ellis stated it has to be done and the County does not have 2.5 million dollars in surplus. Commissioner Higgs stated it will be a challenge and hope the Board at that time will be able to come up with a way to operate it. She stated there are varieties of mechanisms.

Chairman Cook inquired about State regulations regarding jails; with Mr. Knox responding State regulations governing construction of jails is being repealed, and a task force has been formed to put together a new set of standards; but that has not happened yet, and is expected to happen in the future. Mr. Jenkins stated there is a potential for litigation where inmates sue counties because it is currently over the cap. Ms. Parker stated the Jail is exceeding the cap by 156 inmates, but in addition to the cap, it is exceeding cell-by-cell population. She noted there are over 200 cells that have three inmates and were designed for two.

Assistant County Attorney Shannon Wilson advised the cell-by-cell issue was part of the regulations that were repealed; the County recently received a letter from DOC that threatened litigation for that violation; but it has formed a task force to work on that same type of regulation.

Chairman Cook advised the Supervisor of Elections said any item can be placed on the ballot if he gets it 60 days before election day. Councilman Mazziotti stated it will be tight getting it on the ballot; and it should have been discussed six months ago. Commissioner Ellis stated the Board has been discussing it for over a year. Commissioner Scarborough stated the Board needs to get a sense of the cities; and inquired how could it get everybody together to bring this issue to closure; with Mayor Broom suggesting meeting with the new chairperson Lorraine Gott and setting up something to discuss. Commissioner O?Brien stated the Board began discussions on the sales tax for the jail about a year and a half ago; the cities wanted their share and said no; and the Board decided to go to the cities for the one cent for the jail and nothing else. Mayor Broom suggested the Board satisfy the cities on how it will operate the jail once it is expanded; and Commissioner Ellis stated the cities do not pay to run the jail.

The meeting recessed at 8:10 p.m. and reconvened at 8:20 p.m.

Commissioner Scarborough advised the Board needs a population of 137,000, and Palm Bay has 75,000; and recommended writing letters to the cities asking if they will go with Palm Bay?s position which is over 50%, and to let the Board know before September 1, 1996, because it would be difficult to schedule meetings with all the cities.

Commissioner Ellis advised the Supervisor of Elections needs the ballot language, and there is no reason why that cannot be submitted in time; and if it cannot be worked out with the cities by October, the Board could withdraw the referendum. Commissioner Scarborough stated the ballot will be printed by then. Chairman Cook stated some other cities have indicated support. Commissioner O?Brien stated Cocoa Beach and Cape Canaveral will support it.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to write a letter to each Mayor requesting a response by an appropriate date, whether they are willing to join Palm Bay and let the revenue be used only for jail improvements. Motion carried and ordered unanimously.

Parks and Recreation Director Chuck Nelson advised the first phase of the Palm Bay Regional Park project was the soccer fields, parking and roadway leading into the Park at $300,000; the second phase was the $60,000 grant from TDC to light the fields; and they are now working on the third phase, including a multipurpose athletic field, which is basically the cricket field. He stated the two clubs were asked to leave the place they were playing at in Palm Bay; and this will address their needs. He stated it will also include restroom/concession building; the Youth Organization requested it be expanded from the original restroom facility to include a concession and to provide additional funding for the concession; and they volunteered to do the design which caused delays. He stated they had a design for the restroom, but not for the concession; and it took almost a year to get that plan from the Organization. Mr. Nelson advised it will also include a playground, basketball court, small fishing platform on the lake, a trail and other miscellaneous landscaping and bike racks. He stated the issues they ran into in the last few months were particularly the roadway; it was suggested by city staff that it needs to be paved; and although the County staff agrees, they do not have the funding to accomplish that. He stated the second issue was the water for public drinking supply; they need a permitted system and looked into a variety of options including running the water lines, which is about a mile away, at a cost of about $164,000; and they did not have sufficient funding, so they narrowed it down to a well with treatment, and the issue became do they have to do reverse osmosis due to salt content or can they do a lesser level. He stated they now have the ability to do a lesser level of treatment, so they can build that phase into the current budget. Mr. Nelson advised at this point they are ready to go to bid; the last couple of issues on the roadway and well have been worked out in the last few weeks; they are going to bid the first week in August, award the bid in October, begin construction in November, and complete it in June 1997. He stated they have $423,000 budgeted for the current phase; and upon completion, they will have expended $802,000 on the project, $320,000 of which are County funds and $500,000 are grants and other sources.

Councilman Mazziotti inquired if the roadway will be moved; with Mr. Nelson responding no, they have the ability to address the roadway. Councilman Mazziotti inquired if it was $150,000 at one point; with Mr. Nelson responding yes. Councilman Mazziotti inquired if anything has been done in the Park in the last two years; with Mr. Nelson responding yes, the plans were approved and the design from the Soccer Club has been received. Councilman Mazziotti stated the last thing they did was put up lights two years ago; and they have not added any amenities since then. He inquired if they plan to spend the $423,000 or hold it; with Commissioner Ellis responding Mr. Nelson said they are going to bid. Councilman Mazziotti stated he knows that, but they were supposed to get the bathrooms and concession and did not get it; with Commissioner Ellis responding there is no water, and it is difficult to work it without water. Mr. Nelson stated if they had built only the restrooms, they would not have needed potable water; but once it switched to concession building, it required a public drinking water supply and kicked in a whole different series of permitting problems associated with that. Councilman Mazziotti stated the last he heard they were going with the well as an option; with Commissioner Ellis responding that was for the restrooms without the concession, but it is a different standard with a concession. Councilman Mazziotti inquired if they will pipe water in; with Mr. Nelson responding it will be treated on site. Councilman Mazziotti inquired why it was not looked at two years ago; with Mr. Nelson responding they did not have the building design two years ago except for the restrooms. Councilman Mazziotti inquired who will own the concession stand; with Mr. Nelson responding the Soccer Club will be the organization using it. Councilman Mazziotti repeated his concerns about the project not being done two or three years ago. Commissioner Ellis stated they could have constructed the restroom facilities a year ago with water, then a year later constructed the concession stand with another potable water supply.

Councilman Mazziotti inquired if the $423,000 will take care of all the items Mr. Nelson mentioned; with Mr. Nelson responding it will include the multipurpose athletic field, public space, restroom/concession building, bike exercise trail, basketball court, fishing platform, additional parking and right-of-way, landscaping, bike racks, trash cans, and picnic tables. Councilman Mazziotti inquired how much is the grant; with Mr. Nelson responding $150,000. Councilman Mazziotti inquired if the balance is County money; with Mr. Nelson responding yes.

Councilman Conner requested Mr. Nelson provide City staff with a copy of those numbers and completion dates. He stated the complaints he has been getting is about the road which is a little over a half a mile; it creates dust when people go through the Park; and inquired if it would be possible to work out an agreement that the City will do the base and the County do the asphalt. He stated he will bring it to the City Council for a reclaim machine to pave that road because it is a mess when wet and dusty when dry, and it is the City?s major park. Commissioner Ellis indicated they could probably work something out. Commissioner Higgs inquired how much is the paving estimate; with Mr. Nelson responding approximately $45,000. Councilman Conner stated the City can provide the numbers to the Board for consideration at its regular meeting. He stated he will request the Council to consider it at its meeting tomorrow if the County wants to commit to that. Commissioner Ellis stated a good time to look at that is during the budget process.

Growth Management Director Susan Hann advised Malabar Road, Phase II Project is from Curvet Circle west to Minton Road; and the Public Works Department estimates they would most likely be able to start construction of Phase 2 at the conclusion of the construction of Phase 1.

Councilman Mazziotti inquired if it includes the bridge; with Ms. Hann responding it goes to Minton Road and does include the bridge. Councilman Mazziotti inquired if it will be widened; with Ms. Hann responding yes. Councilman Mazziotti thanked staff for putting together the overlay on the west section; and inquired if a sidewalk will be run that may be in a canal; with Ms. Hann responding there will be a sidewalk on both sides, and she would have to check the typical section as to the location. Councilman Mazziotti inquired if the road will go over that portion where it might be in the canal; with Commissioner Ellis responding the sidewalk will go to Minton Road. Councilman Mazziotti inquired if the County is going to pipe the canal all the way or is it going to Emerson; with Ms. Hann responding Emerson is about where it will end. Councilman Mazziotti requested Ms. Hann get back to the City with that information.

A citizen urged the Board to stick to the commitment and get Phase 2 going right after Phase 1 because the condition of Malabar Road has affected the community financially for years. She stated the businesses along that road have suffered; they cannot get new businesses to come in because of the condition of the road; and if they do not continue Phase 2 right after Phase 1, it will continue to affect them adversely and they would have to look at increasing property taxes of homeowners when they could have businesses come in. She stated the businesses would suffer while construction is going on, but if they know it will continue all the way to Minton, and there will be daylight at the end of the tunnel, they can entice other businesses on that basis to come into the community.

Councilman Mazziotti stated he wishes at one point they would look at putting a cloverleaf in there at I-95 and Malabar Road because the traffic congestion, even with the widening, will still remain. He stated there are two traffic lights, a bridge, and San Filipo, and even with the widening of Malabar Road, it will have congestion in that area.

Commissioner Ellis stated he does not think they can do a cloverleaf because it is right up against San Filipo, and it is close right now to the interchange. He stated Commissioner Higgs mentioned the potential of doing an entrance and exit only at Babcock and I-95 which could move traffic from the Malabar area. Commissioner Higgs advised an interchange at Babcock would help that situation, and staff is talking to Florida Department of Transportation about that. Councilman Mazziotti commented it could be part of the plans when the County widens Babcock all the way down to the end of the City.

Councilman Mazziotti advised Minton Road comes down and goes by the shopping center and runs into a dead-end; and somehow it needs to be addressed because they will have a new high school in the area just south of there, and the traffic will increase quite a bit. Mr. Nanni advised they were hoping to have a joint venture relative to a feasibility study with respect to right-of-way acquisition costs, and both staffs being able to work together on that, because it does exceed the City?s ability to do the right-of-way work. Commissioner Ellis stated he talked to Ms. Hann about that and asked about impact fees for the study, but because the road is entirely in the City, they cannot use the impact fees for the study. Councilman Mazziotti stated the alignment he was looking at was more in line with running along the canal and into DeGroodt Road somewhere, which would make a more complete loop. Commissioner Ellis stated a study would show how to align the two roads; and if they do not, in the future there will be a massive bottleneck, and eventually DeGroodt will look like Minton.

Councilman Conner stated the project falls in line with a formal request from the City staff to the County right-of-way staff for guidance and help on the feasibility of the project. He stated it is a city road and the City?s responsibility, but maybe the County could commit to providing assistance to the City staff. Mr. Nanni stated it is more like a joint venture of in-kind services from both parties.

Councilman Simon inquired if Minton Road extension is continued into DeGroodt, would that be part of Minton Road and a County road rather than city road; with Commissioner Ellis responding Minton becomes a city road south of Malabar and Malabar becomes a city road west of Minton. Councilman Simon inquired if they changed the name of DeGroodt to Minton, could they use County funds; with Commissioner Ellis responding they could try.

Mayor Broom stated even though it looks like a good way to go, they looked at that many years ago; and one of the problems they ran into was there are homes built on the land that they would have to acquire. He stated he worked with Nancy Houston on that 10 or 12 years ago; and although it is a good idea, it is going to be expensive. Councilman Mazziotti stated he agrees there are eight or nine homes out there, but maybe they can be moved to the other side, because if they wait longer, there will be more homes built.

Commissioner Higgs inquired if the City is asking for an interlocal agreement for staff assistance; and stated if the City would draft it, the Board could consider and formalize it.

Growth Management Director Susan Hann advised the Brevard MPO and FDOT are working on an extensive analysis of transportation alternatives in the northwest Palm Bay area; the scope was sent through the City Council, County Commission, and MPO; and the scope of services have been approved by all those agencies. She stated representatives from the MPO and the City are on the consultant selection team; that process is ongoing right now; they anticipate having that finished in the Fall; and the consultant should start relatively soon. Ms. Hann advised they anticipate a 12- month study ; the study area is very broad, basically north of Malabar, south of 192, and east to Dairy Road; so the opportunity to look at the options are there.

Councilman Conner advised there were some alternatives discussed; and one was the north boundary of the transmitter annex in Malabar as an alternative route between Jupiter and Minton. He stated he believes the right-of-way is already there; it is an excellent idea and looks like an easy thing to do; and he would like to see them focus on that. He stated the only feasible alternative for Palm Bay Road extension is to lay a culvert in the ditch and make it two lanes to Jupiter. He stated if the Road is extended completely, it will only move the problem further into a residential area; when Emerson is four-laned, all the traffic problems should be alleviated; so the alternative should be the culvert in the ditch of the existing right-of-way, and two lanes that will not affect property owners.

Councilman Mazziotti inquired if the County will find out if it can be done; with Commissioner Ellis responding Joe Mayer looked at the cost of piping the canal and it was over a million dollars; however, the right-of-way savings were over a million dollars; and as right-of-way costs continue to escalate, it may look better to pipe the canal. Councilman Mazziotti inquired if there will be barriers; with Commissioner Ellis responding they have 33 feet on each side and only need 22 feet.

Councilman Conner advised he has been on the MPO for 2.5 years and has seen nothing but 100% support from the Commissioners, so the people of Palm Bay should appreciate that. He stated it has been a pleasure working with the Commission.

Councilman Conner advised as an offshore fisherman and pleasure craft boater, he likes to fish; he lived in Melbourne Beach when the Indian River was crystal clear and fish were plentiful; and that is what attracted him to the area.

Chairman Cook advised the entire County needs additional boat ramps, and certainly in South Brevard, but there needs to be more access to the water throughout the County. Commissioner Ellis advised he talked to Mr. Nelson about the possibility of building a boat ramp at Valkaria Road and U.S. 1 and have parking on the other side.

Councilman Conner advised Jorgenson?s Landing is the only County boat ramp that he knows of. Commissioner Higgs advised the County owns a boat ramp at Riverview Park in Melbourne; the boat ramp at First Street in Grant is being refurbished; and there is Jorgenson?s Landing. Councilman Conner stated Jorgenson?s Landing boat ramp is just a dirt ramp and not a concrete ramp. Parks and Recreation Director Chuck Nelson advised in that part of the river the ramp location is silted dramatically; they looked at trying to stop it, but could not engineer it; so they continue to remove silt. He noted there is concrete down there somewhere. Councilman Conner advised he is putting on two fishing tournaments; TDC is one of the sponsors; and the money raised from the tournaments will go to expand boat ramp facilities and water access parks throughout Brevard County. He stated the Board will see him present a check or project to expand or improve facilities at waterfront and water access parks because there is a lack of those facilities. He noted they need to get in there now before the regulations become overwhelming; and it will be for all kinds of access not just motor boats. Commissioner Ellis stated staff is working with FDOT on a boat ramp for Valkaria. Councilman Conner stated he will bring the members of the fishing clubs to support the project if the Board wants him too.

Commissioner Ellis inquired about Castaway Park; with Councilman Conner responding they talked about it, but it is shallow; however, it is not a done deal.

A citizen advised the ads for Florida often have sailboat pictures to attract people to come here; when she lived in Fort Pierce, they were able to use smaller boats; she keeps hearing about concrete ramps which are for power boats; and the small boats for passive recreation have been ignored. She stated they need sandy places to launch from, not concrete; and they need parking. She stated there is a huge river out there, but nothing is available for the average guy with an inexpensive sailboat who wants to get on the river; and inquired if there are any areas on the river they can launch from.

Commissioner Ellis advised as they move south of Palm Bay, the river is blocked; and they would not get passed Department of Environmental Protection to put in launch ramps. Commissioner O?Brien stated they can launch from SR 528. Mr. Nelson advised there is a sand ramp and parking for trailers and cars south of Cranes Creek which was designed for boardsailing, and in North Brevard they have Kelly Park which has sand launching facilities. The citizen inquired if the County is looking at any purchases in the south end of the County; with Commissioner Ellis responding they are working with FDOT on right-of-way at Valkaria Road because it is flat enough for launching capability, but there is no parking area.

Commissioner Higgs advised one potential is Fisherman?s Landing in Grant; the same problem exists all along the edge of the river with silting; and she and Mayor Broom talked about Castaway Point and transferring $40,000 to that project to provide for non-motorized boats. Mayor Broom advised they are in the process of developing a whole plan for the riverfront, from the highest landing area all the way to the marina; and they hope to find a place for non-motorized crafts. Commissioner Higgs stated there is some money available and there could be more funds from Beach and Riverfront which has restrictions; but as soon as staff finds out if the funds are available, they will work with the City and come to the Board for that money.

Chairman Cook advised it has been a pleasant and productive meeting, and he appreciates the input from the public and Council. Mayor Broom expressed appreciation to the Board for taking the time to come and work with the City and give their people an opportunity to have dialogue with the Board; and indicated the air was cleared on a lot of issues.

Upon motion and vote, the meeting adjourned at 9:10 p.m.

ATTEST: _________________________________

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

___________________________

SANDY CRAWFORD, CLERK