October 17, 2005

The Board of County Commissioners of Brevard County, Florida, met in special joint meeting session with the Brevard County Housing Authority on October 17, 2005, at 1:05 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, County Attorney Scott Knox, and Attorney Michael Davis, outside counsel for Brevard County.

Also present were Housing Authority Chair Martha Kirby, George Fayson, Sr., Patricia Garagoglo, Clifford Cook, Donna Ritchley, William Deatrick, Ron Sellers, and Attorneys for the Authority Michael Syme and Kelly Price.

OPENING COMMENTS, RE: BREVARD COUNTY HOUSING AUTHORITY

Attorney Kelly Price, representing the Housing Authority, advised of previous meetings pursuant to Florida Statutes Chapter 164, which is the conflict resolution procedure; and stated they are here to discuss three issues identified in Conflict Resolution No. 05-103, which are: (1) the obligation of the Authority to pay Brevard County the payment in lieu of taxes referred to as PILOT or PILT; (2) the obligation of the Authority to pay the County’s Solid Waste Disposal Special Assessment; and (3) compliance by the Authority with the Florida Public Records law, Chapter 119 and specific requests from the County for certain documentation. She explained Chapter 164 requirements; stated Mr. Davis identified there were no issues relating to public records at two prior meetings conducted in the conflict resolution procedures; mentioned her letter to Mr. Knox dated February 1, 2005 identifying the legal issues; and noted the Housing Authority is here in good faith to try and resolve the dispute and has participated in all the meetings that preceded today’s meeting. She stated it is a dispute that involves legal analysis and interpretations of Florida Statutes and contractual agreements; and expressed her disappointment in the Florida TODAY newspaper article written by Jeff Schweers. She read excerpts from Florida Statutes and the Cooperative Agreement, and gave a long dissertation about PILOT, percentage of shelter rent charge, Solid Waste assessment, Statute of Limitation, and proposals to resolve the situation.

Attorney Michael Syme, representing the Housing Authority, described efforts to resolve the dispute on PILOT, the Solid Waste assessment payments, and the Authority’s proposal on payments and the shelter rent charge.

OPENING COMMENTS, RE: BREVARD COUNTY COMMISSION

Attorney Michael Davis advised of his experience; stated if they can arrive at a settlement that is acceptable, it can be settled; and if not, the next option available is mediation. He stated if they cannot settle the dispute, the parties can go to court.

DISCUSSION, RE: SOLID WASTE FEE, PAST DUE PILOT, PILOT FORWARD, AND
COOPERATIVE AGREEMENT

The Commissioners, Housing and Human Services Director Gay Williams, Mr. Syme, Martha Kirby, Ron Sellers, Assistant County Attorney Terri Jones, Mr. Davis, Ms. Price, Ms. Garagoglo, Mr. Fayson, Mr. Cook, and Finance Director Stephen Burdett, discussed submittals to HUD for funds, audit of records, deferred revenue for PILOT, partial payments, litigation, HUD requirements, the matrix of PILOT past due and forward, number of units online, public records request, accountability, partnership, etc.

Ms. Kirby requested the County put in writing what documents it would like to have and they will be made available to the County; and stated before they meet again, it would be beneficial to all parties if they had a chance to review the issues and define a proposal.

Discussion continued on back charge to Cocoa and Melbourne Authorities, financial statements, helping people who need help, and scheduling of another meeting after receipt of information.

The Board directed staff to obtain additional information from the Housing Authority for the Board’s review and discussion at a regular meeting in about two weeks, and to schedule another meeting with the Authority in about a month.

Upon motion and vote, the meeting adjourned at 4:17 p.m.

ATTEST: ___________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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