The Board of County Commissioners of Brevard County, Florida, met in workshop/special session on July 31, 1997, at 10:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

DISCUSSION, RE: TRANSPORTATION PRIORITIES

Growth Management Director Susan Hann advised the purpose of the workshop is to get an idea of what the Board wants to do over the next ten to twenty years in transportation; and she will come back with a financial plan that matches those projects and programs.

Bicycle Pedestrian Program

Ms. Hann advised the Bicycle Pedestrian Program is currently funded at $34,000 per year per district.

Commissioner Voltz inquired is it always $34,000 per district, or do some districts need more than others. Bicycle Pedestrian Coordinator Barbara Meyer responded some districts need more than others; and $34,000 is a low number. County Manager Tom Jenkins advised historically it has been distributed by district; and the amount was higher; but it was reduced several years ago because of a dollar crunch. Commissioner Voltz inquired if districts with more unincorporated area would need more money. Ms. Hann advised a lot of the needs are driven by school locations. Commissioner Voltz requested information on whether some districts need more money than others so funding could be done accordingly. Commissioner Higgs stated the need is not declining in District 3; and advised of use of the South A1A bikepath. Commissioner Cook suggested increasing funding within existing revenue. Ms. Hann suggested $50,000 per district. Commissioner Voltz advised a time will come when a lot of bikepaths have been put in, and it will not be necessary to spend much money.

Space Coast Area Transit

Ms. Hann advised the Board funds Space Coast Area Transit now; continuing the program at the same level of support would cost $800,000 per year; and that provides for the local match for federal funds.

Chairman O'Brien inquired where the matching funds come from; with Ms. Hann responding Local Option Gas Tax.

Discussion ensued on the Local Option Gas Tax, revenues from SCAT, continuing as is, people dependent on SCAT for transportation, and connecting route between Palm Bay and Melbourne BCC and University of Central Florida in Cocoa.

Bridge Repair and Rehabilitation

Ms. Hann advised the County has not had a bridge repair program, but there are a number of bridges which need serious maintenance work; and suggested establishing a fund for bridge repair.

Commissioner Scarborough advised the issue has been before the MPO; and if the Board funds this, it may not get the outside funding. Ms. Hann stated she does not think the Board should abandon the MPO approach; but the likelihood of the County getting the dollars is small. Commissioner Scarborough suggested asking NASA to intervene as Max Brewer Bridge is an access to the Space Center; and inquired what is the cost for Mathers Bridge; with Ms. Hann advising the cost is much less for Mathers. Commissioner Scarborough stated he does not mind adding Mathers Bridge, but before the Brewer Bridge is included he would prefer doing something political at a higher level.

Commissioner Higgs inquired if the Mathers Bridge is $1.4 million; with Ms. Hann clarifying it is $500,000 to $1.4 million. Commissioner Cook noted there is a significant difference in cost; Mathers Bridge was removed from the State list; and now it is back on. Ms. Hann advised it is a very competitive program at the State level. Commissioner Scarborough noted the federal government may have some responsibility because immediately across the bridge is federal government.

Discussion ensued on which roads are State roads and which are County, need to start working on smaller projects, and amount to spend on bridge program.

Ms. Hann suggested setting aside $100,000 per year funding for bridge repair. Commissioner Cook stated he is happy to look at it, but continue to pursue State funding for Mathers Bridge.

Commissioner Higgs inquired how bad is Mathers Bridge; with Public Works Director Henry Minneboo advising it is in bad shape, and in the next two to three years something will have to be done. Staff advised of the corrosion, loss of steel, and electrical problems on Mathers Bridge.

Commissioner Cook suggested Ms. Hann come back to the Board with the funding available for Mathers Bridge. Commissioner Higgs inquired how much of the $8 million does the Board have the ability to use; with Ms. Hann responding approximately $6.6 million will be available in the current Gas Tax; and the lowest amount in reserve will be $2.5 million. Ms. Hann advised the funds will accumulate between now and 2001. Commissioner Higgs suggested setting priorities now and coming back in August.

Advanced Right-of-way Acquisition

Ms. Hann stated there are a number of cases where right-of-way is needed, but there is no pool of money for acquisition; and suggested setting aside a reserve for right-of-way acquisition.

Commissioner Voltz inquired if it would be less expensive if the County had money for acquisition. Ms. Hann stated the problem is property owners realize they can derive income from selling the property, and it becomes contentious through litigation; and it is not so much that some people want the road and some do not. Commissioner Voltz stated if someone has commercial property on the road, they will have to have the road fixed sooner or later; and if the County starts land acquisition now, it can have everything in place to build the road. Commissioner Higgs stated theoretically that is right; but explained the situation on Malabar Road. Commissioner Scarborough stated right now the County is behind, and when there is a problem on a road like Malabar Road, it has to be done. Commissioner Voltz suggested proposing legislation to limit payment for right-of-way. Commissioner Cook noted the property owner has some vested property rights. Commissioner Scarborough stated there is greed; the law works in favor of the property owner; and in a condemnation case, the individual has the right to a jury of twelve. Commissioner Cook noted that is balanced against the power of government. Commissioner Higgs stated it would be wonderful to be able to acquire right-of-way in advance of the need; but in the next four or five years, it is not realistic.

Road and Bridge Support

Ms. Hann stated the Local Option Gas Tax funds supplant the General Fund money, while funding the same level of service; and it is $1.3 to $1.5 million per year.

Commissioner Higgs inquired what is the annual total revenue from the Local Option Gas Tax; with Ms. Hann responding approximately $7 million. Commissioner Cook advised he does not want to reduce the funding, but may consider increasing it. Chairman O'Brien inquired how it can be increased; with Commissioner Cook responding take more Local Option Gas Tax money.

Discussion ensued on Local Option Gas Tax funds versus General Fund, decreasing number of projects from Local Option Gas Tax, and what Road and Bridge support money is used for.

Chairman O'Brien advised there are complaints that the roads are not beautified; and there is no money coming for road beautification. He advised of the situation on S.R. 3 where FDOT mowed down landscaping done by citizens, and the need for funding.

Discussion ensued on Road and Bridge coordinating with the Sheriff for landscaping materials, which roads to designate for landscaping, minimizing costs, cost of beautification of S.R. 520, and xeriscaping.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Manager to contact the Sheriff concerning establishing a team to develop a report on how landscaping of roadways can be accomplished.

Mr. Jenkins stated this is one of the Board's goals, and staff is already working on it; but the concern is maintenance cost. Mr. Minneboo advised the cost to maintain the segment of Wickham Road is $80,000. Commissioner Voltz inquired if prisoners can do the maintenance; with Mr. Jenkins advising there are not enough prisoners.

Discussion ensued on attempts to get grants to landscape Mims medians, shift of County from rural to urban, allocation of District 1 MSTU funds, how landscaping was accomplished on Fay Boulevard, need for landscaping plan for Malabar and Dairy Roads, reluctance to allow prisoners in the medians, bidding out landscaping projects to subcontractors on regular basis, using low maintenance plants, including landscaping in all projects, wildflower experiment, taking over maintenance with agreement with FDOT, and reimbursement by FDOT for maintenance.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Chairman O'Brien stated there is interest in maintaining medians; and there is an opportunity to add $1 million to Road and Bridge support.

Commissioner Higgs advised the total income from Local Option Gas Tax is approximately $7 million; and if another million is removed, there will only be $4 million going to all of the construction projects. Mr. Jenkins advised the current funds are already committed, and Malabar Road is the last construction project. Ms. Hann advised the change would have to be after the new Local Option Gas Tax starts in 2002. Chairman O'Brien inquired why the Board is being asked to increase if there are no funds. Commissioner Scarborough recommended identifying which roads the Board wants to beautify, doing the landscaping as part of construction, identifying maintenance costs, and working with the Sheriff for provision of plant materials.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to report on the number of roads, including new projects, to be landscaped, what the Sheriff can do to bring the projects in at lower cost, and how much maintenance would cost.

Discussion ensued on State grants, and impact to other projects.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Chairman O'Brien stated it is preferable to have well built, beautified roads than a lot of roads that look bad. He advised some traffic counts have gone down; and the County may want to not be as aggressive on its road building projects.

Commissioner Scarborough stated if there is a good looking community, there are higher property values and more money.

Discussion ensued on property values and costs to maintain landscaping.

Commissioner Higgs suggested working with the City of Palm Bay on development of an industrial area to redirect road trips. Commissioner Voltz advised of efforts to have an industrial park at what was formerly Curvet Circle.

Discussion ensued on partnering with the City, the area near Bombardier, impact to road program, solid waste facility, taking proactive position, landscaping on S.R. 528, improvement of S.R. 520, planning for roads, and situation in California.

Dirt Road Paving and Resurfacing

Ms. Hann advised $200,000 per year is allocated to dirt road paving and resurfacing; $100,000 of that is allocated to District 1; and the remainder is divided.

Commissioner Voltz inquired why District 1 gets all the money; with Commissioner Scarborough explaining his predecessor made that deal because 40% of the roads were in District 1. Commissioner Higgs advised most of the ones in District 3 are being done by the MSTU program. Commissioner Scarborough requested Mr. Minneboo provide a report on the status of dirt road paving in District 1; and explained the formation of the Transportation Advisory Committee in his District. Commissioner Higgs stated she has been telling people a few are done out of the MSTU; but the rest of the people have to form an MSBU for paving; and expressed surprise at the division of funds.

Discussion ensued on the division of funds, and resurfacing from Constitutional Gas Tax.

Commissioner Scarborough requested a report and breakdown of the funds. He inquired how long was the deal cut by his predecessor supposed to be in effect; with Mr. Minneboo responding until 2001. Ms. Hann advised it is part of the Ordinance, but the Ordinance can be changed. Mr. Minneboo advised there is flexibility in how to use the $100,000 that is left. Commissioner Cook stated what is done should be in compliance with the Ordinance, unless the Ordinance is changed.

Amenities

Ms. Hann advised the Board policy is to include amenities such as landscaping, noise control, and lighting on all projects, except where clearly unnecessary.

Emergency Reserve Fund

Ms. Hann advised the Emergency Reserve Fund has not been funded; and suggested setting aside some gas tax money. Mr. Jenkins inquired where the money will come from. Ms. Hann responded she is trying to get an idea of what the Board would like to fund and then she will compare that with the money available; and advised of current and future Gas Tax revenues and commitments. She stated in order to program money for future road projects, it is necessary to know how much will come off the top for other programs. Mr. Jenkins advised anything decided by the Board today could be changed by a new Board in 2001.

Chairman O'Brien stated there could be an emergency reserve fund set aside for future needs. Ms. Hann advised there is cash in the Local Option Gas Tax account because projects are not developing as rapidly as they could be. Chairman O'Brien stated it may not be necessary to have an emergency fund; with Commissioners Cook and Scarborough agreeing.

MPO Support

Commissioner Voltz inquired what the MPO does with the $100,000 the County contributes. Ms. Hann explained it is the local match for federal funds and pays portions of some salaries. She advised of the possibility of reducing the $100,000 match temporarily. The Board reached consensus to continue the MPO support as is.

Public Works Department - Road Construction Project Administration and Inspection

Ms. Hann advised this funding is the support for the major capacity projects.

Commissioner Scarborough advised of a problem in Titusville of roads falling into disrepair to the point where they could not be resurfaced, but had to be restructured at a higher cost; and stated he does not want to see County roads deteriorate to the point where there is an escalation of sevenfold of the cost. Commissioner Higgs inquired if the County has such roads; with Mr. Minneboo responding he keeps the Board abreast of most of those; and the one starting to cause concern is Babcock Street from Micco to the C-54 Canal.

Discussion ensued on putting necessary projects such as Mathers Bridge first, Deer Run Subdivision, problem on South Babcock Street, and unwillingness to repave for a developer. Mr. Minneboo advised of an option to abandon a section of Babcock Street and build on the west side; stated it is sometimes cheaper to build a new road rather than rebuild an old one; and explained the problems with South Babcock. He noted Indian River County just did its end of the road.

The Board reached consensus to continue funding as is.

Signals and Pavement Markings

Ms. Hann advised there is $200,000 a year for signals and pavement markings.

Commissioner Cook recommended continuing funding as is. Mr. Jenkins advised significant improvements to traffic flow can be accomplished by intersection improvements and signalization.

Chairman O'Brien commented on the high cost of signals. Mr. Minneboo advised the funding is mostly for maintenance and striping; and there are insufficient funds in the pavement marking program. Ms. Hann advised it is also a safety and liability issue. Mr. Minneboo advised $100,000 would help.

Commissioner Voltz inquired about splitting costs for signals with cities.

Discussion ensued about increased funding for pavement marking. Mr. Jenkins advised the decisions are for future planning purposes.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to increase the funding for signals and pavement markings by $50,000. Motion carried and ordered unanimously.

The meeting recessed at 11:20 a.m. and reconvened at 11:35 a.m.

U.S. 192

Chairman O'Brien stated the issue on U.S. 192 is whether to consider local funding or not.

Commissioner Cook stated U.S. 192 is on the list to be a demonstration project; if the Congressman is successful, that will fund the project; and the Board will know the outcome in September.

Chairman O'Brien stated B. B. Nelson presented a proposal to take Pineda Extension and build a toll road; and that would relieve the County of the U.S. 192 headache. Commissioner Scarborough stated the County may need both.

Discussion ensued on the Nelson proposal, whether the new road would bisect the Deseret property, inability to have tolls on U.S. 192, desire for more latitude in addressing road projects, whether to consider Howard Futch's proposal to fund with a referendum for one cent, using money from referendum for local roads, and U.S. 192 being a State/federal road problem.

Commissioner Voltz inquired what will happen if it is not funded as a demonstration project. Commissioner Higgs recommended the Board continue to work on getting State and federal funding. Commissioner Scarborough advised of the funding of S.R. 44 in Volusia County from New Smyrna to Deland.

Chairman O'Brien suggested bringing the concerns to Malcolm Kirschenbaum as Chairman of the Transportation Committee. Commissioner Scarborough stated Brevard County has never been treated fairly in terms of transportation. Commissioner Cook advised FDOT Secretary Ben Watts referred him to the District Secretary.

Commissioner Higgs inquired about the State's Comprehensive Plan; with Ms. Hann responding there is a Florida Transportation Plan. Commissioner Higgs inquired about provision in the State Comprehensive Plan for transportation for hurricane evacuation; and is there a legal or administrative remedy to sue the State for not providing hurricane evacuation routes. County Attorney Scott Knox stated if there is a policy in the State Comprehensive Plan that requires hurricane evacuation, there may be some basis for legal remedy.

Commissioner Voltz advised sooner or later the Board is going to have to make a decision on what to do about U.S. 192, even if it is not right for the taxpayers to have to pay for it, because it is the Board's responsibility to protect the citizens.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to investigate the possibility of a lawsuit as a means to accomplish the U.S. 192 project.

Discussion ensued on hurricane evacuation, bureaucracy, lobbyists in Tallahassee, Delegation not knowing local needs, and Palm Beach County's refusal to appropriate Article V funding.

Commissioner Cook requested a memorandum on the Palm Beach County issue. Commissioner Higgs requested the County Attorney advise what the Board can do.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

The Board reached consensus to defer action until the federal transportation bill passes.

Discussion ensued about talking to Mr. Kirschenbaum, and lobbyists.

S.R. 520

Chairman O'Brien advised the Board can consider partnering with Orange County on local matches for S.R. 520; but Orange County is not interested at this time. Commissioner Cook advised one planner derailed that; and Orange County was interested at one point. He stated he does not want to preclude local funding if it is a match; and advised of a mechanism proposed by Representative Posey.

Discussion ensued on tolls on S.R. 528 and S.R. 520, cost of tollbooths, financing mechanism requiring pledge for debt coverage, other options for funding, moving forward with negotiations, how many other State highways have been built or expanded without tollbooths, moving tollbooth west, safety issue, Port-to-Port express, limiting corridors so people will use rapid transit and not spend money in Brevard County, and minimal economic impact of ships to Brevard County.

Motion by Commissioner Cook, to direct staff to move forward with negotiations with FDOT and Orange County on other options for S.R. 520.

Chairman O'Brien suggested directing staff to contact Mr. Kirschenbaum to see what he can do to help. Commissioner Higgs volunteered to talk to Mr. Kirschenbaum.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to move forward with negotiations with FDOT and Orange County on other options for S.R. 520, and direct the Chairman to contact Malcolm Kirschenbaum to request help with prioritization of S.R. 520. Motion carried and ordered unanimously.

Potential Transportation Projects

Ms. Hann requested a preliminary indication from the Board on future projects.

Commissioner Scarborough stated he is not prepared to evaluate projects in other districts. Commissioner Higgs stated the County is still in the middle of the northwest Palm Bay corridor study; and until that is worked out, it is hard to rank the projects. Commissioner Cook stated Croton Road would be one of his projects, but there is other funding available.

Discussion ensued on each Commissioner submitting rankings to Ms. Hann, Palm Bay Beltway I and Palm Bay Beltway II, projections beyond 2002, how decisions will be made and funding for the next two to three years, and establishing top priorities.

Commissioner Higgs suggested doing those things in serious need of repair which will cost substantially more if not done in the next two or three years. She stated $6 million will not do many projects; and intersection improvements may provide the most bang for the buck.

Commissioner Cook stated he would like to look at Croton Road and Mathers Bridge. Commissioner Higgs stated both projects are safety issues.

Ms. Hann requested the Commissioners look at projects that will be priorities in the relative near term, in the seven to ten-year timeframe; and suggested some of the $6 million may be directed toward engineering work and right-of-way acquisition for the upcoming major projects.

Chairman O'Brien stated in District 2 Courtenay Parkway from S.R. 520 to Merritt Island High School is becoming a Level F road; the corridor study has already been done; and it is becoming serious. He suggested the project be started in phases, and looking at the lighting on S.R. 524 between the Beeline Expressway and S.R. 520. Commissioner Cook stated S.R. 524 is not a critical issue.

Commissioner Scarborough inquired about the status of the turn lanes on U.S. 192; with Ms. Hann responding FDOT is doing a study.

Discussion ensued on prohibiting certain turning sequences in the County, State policy, median cuts, and safety hazards.

Ms. Hann advised the issue will come back in October; and FDOT is doing a study concerning impact to roadway capacity.

Discussion resumed on the turning sequence in front of Sams Warehouse, and the FDOT study.

Chairman O'Brien advised all Commissioners will submit three priorities to Ms. Hann by fax.

Commissioner Higgs inquired about the lights on the Melbourne Causeway; with Ms. Hann advising they should be on the list.

Discussion ensued on reconstruction.

Community Development Administrator Peggy Busacca advised the State Comprehensive Plan does not specifically address hurricane evacuation, but there is a separate Transportation Plan.

Discussion resumed on checking the Comprehensive Plan and Transportation Plan, requesting change in the Comprehensive Plan, how long it would take to change the Plan, and directing the County Attorney to look at the issue.

Commissioner Scarborough inquired what will happen with Mr. Nelson's plan; with Ms. Hann advising of intent to meet with the Turnpike Authority staff to discuss it as a possible turnpike project, and the possibility of exploring use of turnpike funds for U.S. 192. Mr. Jenkins advised of problems with the Pineda to Wickham to I-95 section.

PERMISSION TO TRAVEL

Commissioner Voltz requested permission to travel to Orlando for the 22nd Annual Conference on Water Management on September 4 and 5, 1997.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize travel for Commissioner Voltz to Orlando on September 4 and 5, 1997 for the 22nd Annual Conference on Water Management. Motion carried and ordered unanimously.

Discussion ensued on impact fees, looking at new formulas for impact fees, manufacturing wages, long-term versus short-term benefit, exempting industrial, keeping money in Brevard County, effect of impact fees on economic development, amount of impact fees that could be collected, increased commercial development in Districts 1 and 2, increased employment opportunities, loss of impact fees being direct contribution to economic development, and competition for business.

Upon motion and vote, the meeting adjourned at 12:30 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
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