MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 16, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on August 16, 2005 at 9:00 a.m. in the Government Center Florida Room, 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, and County Attorney Scott Knox.

 

 

 

County Attorney Scott Knox stated the City of Palm Bay has been receiving EMS assessments on property owned by the City, which is not what the Ordinance contemplates; commercial properties are supposed to be assessed, but not city properties and not-for-profit properties; the Ordinance needs to be clarified to make sure the exemption is clear for cities and not-for-profit properties; and requested permission to advertise an amendment to the Ordinance that would take care of the detail.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an amendment to the Emergency Medical Services (EMS) Ordinance clarifying that city and not-for-profit properties are exempt from EMS assessments; and direct the County Attorney to review if any other cities are in the same situation.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve refund to the City of Palm Bay for EMS assessments.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve refund for EMS assessments to anybody else, including other cities, who was charged for EMS assessments.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize Commissioner Colon to travel to Washington, D.C. on September 27 and 28, 2005 for the Hispanic Leadership Summit representing Brevard County and Central Florida.  Motion carried and ordered unanimously.

 

 

 

Chairman Pritchard stated tomorrow Sheriff Parker, Major Ambrose, Representative Poppell, and he will meet with Florida Department of Transportation (FDOT) Secretary Denver Stutler in Tallahassee to discuss guardrails on I-95 and other issues.

 

 

 

Chairman Pritchard inquired is the County Attorney’s Office writing letters on stormwater fee increases; with County Attorney Scott Knox responding no.  Chairman Pritchard requested whoever is writing the letters to stop because they are written in such a fashion that the public does not understand what is being said; stated they think there is a $57.00 increase for fire services, but it is $7.00; the editorial page in Florida TODAY indicated the Board is proposing giving homeowners an $88.00 property tax and asked why the Board did not mention the coming rates before announcing them; however, it did not announce the potential tax decrease.  He stated he brought out at the budget workshop that the $88.00 tax refund or decrease was nothing other than the amount of money the County had to refund based on Capit, the amount of revenue over rollback; it was not anything that was done out of the discretion of the Board and was something that was voter induced about seven or eight years ago; it was not an attempt to orchestrate some sort of feel good solution; and the $88.00 was based on the amount of money owed based on what the voters wanted.  Chairman Pritchard stated it was never the Board’s intent to “giveth and taketh” as quoted in the editorial.

 

 

Chairman Pritchard stated a person was offered employment as the County’s Legislative Delegation Coordinator; there are two objections to the appointment; the County Manager is considering selecting someone else due to the objections; and there are nine out of 11 supportive responses, which is significant. 

 

Commissioner Scarborough stated he had some reservations dealing with the potential loss of 6,000 jobs at Kennedy Space Center and capacity of the applicant to understand the dynamics; he will meet with the applicant to see to what extent she can appreciate the significance; and Brevard County is facing something that is in the magnitude of Apollo.  He noted the County needs to have somebody who has some degree of compassion and understanding for the dynamics; and he will meet with the applicant.

 

 

Michael Devillo, Public Works Director for City of Cocoa, urged the Board to consider funding for resurfacing Dixon Boulevard.

 

Kristin Bakke, representing Leadership Brevard, urged the Board to help Brevard Tomorrow continue to lead positive change and commit to resources to make the vision a reality.

 

Thomas Hargrave, representing Space Coast Center for Independent Living and Interagency Council of Brevard, expressed support for specialized programs to maintain self sufficiency for persons with disabilities and the Persons with Disabilities Assessment Project.

 

Joe Steckler, representing Brevard Alzheimer’s Foundation, expressed support for up to $100,000 for construction of the new Alzheimer’s Center in Titusville; and commented on community partnerships.

 

Geo Ropert, representing Brevard Tomorrow, requested the Board’s support for funding Brevard Tomorrow; and commented on the Smart Growth principles.

 

Franck Kaiser, representing Homebuilders and Contractors Association of Brevard, advised of the Association’s support of Brevard Tomorrow and Builders Care Program; and commented on the benefits of Smart Growth planning.

 

Richard LeAndro stated he does not believe any excess revenues collected should be returned to the taxpayers due to the recent storms; and problems with the drainage ditches, retention ponds, etc. need to be resolved.

 

Amy Tidd expressed support for funding transportation needs and additional Code Enforcement officers.

 

Jay Anderson, representing Leadership Brevard, urged the Board to continue supporting Brevard Tomorrow.

 

Betsy Farmer, representing Brevard Business Leadership Network, expressed support for the Network and the Commission for Persons with Disabilities.

 

 

 

Judge Kerry Evander advised of court space needs, funding for new judges, general population growth, increase in family law cases; backlog in criminal, civil, and family areas; additional staff needs, court reporting, audio taping of court proceedings, and additional space needs for employees.

 

Discussion ensued concerning judicial suites in Viera, jury trials, felony division judges, juvenile judges, domestic violence cases, injunctions, County judges, civil/family cases, criminal cases, security needs, space for jurors, dependency and delinquency cases, special magistrates, reserves and mid-year dollars, construction costs, interest rates, recurring dollars, and additional judges.

 

Judge Evander advised he will provide written information to the Board on how each courtroom is utilized.

 

 

The meeting recessed at 10:17 a.m. and reconvened at 10:33 a.m.

 

 

The Board discussed use of available revenues, recurring and nonrecurring revenues, vacant funded positions, salaries and benefits, funding sources, competitive salaries, Sterling process, cost efficiencies, advertisement of positions, increasing productivity, past hiring freezes, suggestions on how to save money, public safety issues, unfunded projects, EELS Program, salary and compensation study, capital improvement projects, filling vacancies as soon as possible, servicing the community, and review of procedures.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to reassess vacant unfunded positions.

 

 

Chairman Pritchard suggested cutting the Feral Cat Program by $25,000, Brevard Tomorrow by $25,000, Sterling Process costs, and all non-mandated programs, eliminating all program changes requested for 2005-2006 unless they compromise public safety, freezing all positions after October 1, 2005 through September 30, 2006, and requiring when cities annex they must take all maintenance of roads and infrastructure.  He advised all costs for speed humps and signs requested by residents should be borne by those residents; flooding continues to be a high priority and the Board should look at increasing the annual stormwater fee to pay for more projects; and inquired how much did the County spend on change orders this fiscal year.  He suggested the County privatize the Facilities Department as the County should be custodial and not construction; recommended the County privatize Parks and Recreation Construction Division as it should perform minor maintenance only; and suggested the County privatize the North and South Animal Care Centers, and eliminate duplication in financial areas, which would centralize the financial management of EELS money and others of that type, i.e. parks and recreation bond dollars, etc. 

 

Chairman Pritchard stated the County should make golf courses and campgrounds an Enterprise Fund, privatize vehicle maintenance, stop developing regulations that enhance staff and burden taxpayers, require homeowners to install driveway culvert pipes, sell surplus Mosquito Control aircraft, and lease office/storage space instead of building ownership.  He advised the Housing Authority owes the County $500,000; and inquired should Parks and Recreation programs be under the umbrella of the Boys and Girls Clubs or YMCA.  He suggested the County review all non-government organization requests; and except for Community Based Organizations, the County should cut all that have been on the books for more than three years.  He stated there are two priority issues in the budget--transportation, and salary and compensation.

 

Discussion ensued concerning budget analysts, financial managers, financial analysis for each department, cost savings, projections of an additional $2.1 million in recurring funds and $2.5 million in non-recurring funding; additional funding available at mid-year, from $2 million to $5.5 million; revenue projections, sales taxes, State revenue sharing, cash flow issues; General, Special Revenue, Capital, and Enterprise Funds; anticipated projects, and matching funds.

 

County Manager Peggy Busacca stated the County put money in to offset Local Option Gas Tax (LOGT) fundings, which would be $1 million in addition; it is collecting about $7 million, which is going toward road construction; and about $4 million is going to Traffic Engineering Department, Space Coast Area Transit, and road maintenance and drainage. 

 

Discussion resumed on continued support for Brevard Tomorrow at $50,000 and not adding an additional $50,000; feasibility study for porous groyne and grant matching funds, Emergency Operation Center (EOC) air conditioning, thermal energy storage in County facilities, central chiller, water consumption, heat conservation, Facilities Department capital repair and replacement, financial feasibility, infrastructure management systems, Growth Management Bill, maintenance and capital dollars, capital outlays, preservation of road systems, community planning and revitalization; Community Development Block Grant (CDBG), State Housing Initiatives Partnership (SHIP), and HOME Programs; and mandated and non-mandated programs.

 

 

The meeting recessed at 12:00 noon and reconvened at 12:15 p.m.

 

 

The Board reached consensus to approve recurring cost of $500,000 for capital repair and replacement for Facilities Department.

 

 

The Board reached consensus to have a staff report for the Harry T. and Harriette V. Moore Justice Center buildout to accommodate three additional judges.

 

 

The Board reached consensus to approve recurring costs of $1.3 million to maintain qualified staff to General Government.

 

 

Chairman Pritchard inquired are there no monies set aside now for grant funding.  Assistant County Manager Don Lusk responded there are no monies specifically set aside for local grant match; the County has occasionally used the General Fund Contingency when things have come up, but there are many department directors that will not go to that due to issues related to trying to access those funds for grants; and if the Board is interested in seeing department directors do better in grant funding and using other people’s money, then it needs to look at setting aside something they can access for local grant match.

 

The Board reached consensus to approve General Government grant match funding in the amount of $100,000 as nonrecurring costs.

 

 

The Board reached consensus to move General Government increase in operating reserves in an amount to be determined to nonrecurring costs.

 

 

Commissioner Carlson stated her office did a lot of work with the homebuilders group; she is not sure if the item should be in recurring; the project layout was based on a three-year implementation scenario and the group would then become either a not-for-profit or whatever so it could operate on its own once it establishes itself; and it deals with the development community and allowing them to provide services, plumbing, electrical, etc. to low income families.  She advised Franck Kaiser supported the item; the County has been trying to create programs like this that help out those in need, especially with the hurricanes; and builders would like to help out.

 

The Board reached consensus to approve Housing and Human Services Department Builder Care Program in the amount of $75,000 per year for three years as nonrecurring costs.

 

 

The Board reached consensus to approve recurring cost of $25,000 for Housing and Human Services Department guardianship services.

 

 

Discussion ensued on $1 million in recurring costs to offset LOGT funding and annual debt service.

 

Assistant County Manager Stockton Whitten stated any bonding issues should be done as soon as possible as the County cannot do it until after the budget is adopted due to the additional $1.1 million it is setting aside; it is better to do it sooner than later because of interest rates; and if the Board wants to wait until mid-year, staff will do that.

 

Finance Director Stephen Burdett stated the Board can bond funds whenever it chooses; the key issue is if it is going to bond, he needs to tell the Financial Advisor that the County has perhaps $3 million committed to pay the debt over 20 years or whatever period it gets; and mid-year, beginning of the year, or end of year is not relevant.

 

Mr. Whitten stated when incurring debt one has to pay off debt; and the key issue is making sure the County has set aside the debt service to pay off the bond. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve recognition of an additional $1 million in recurring revenue with passage of the 2005-2006 budget and bonding the LOGT as soon as possible after approval of the budget in lieu of recognizing the additional $1 million at the mid-year supplemental budget and thus waiting to bonding the LOGT.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough stated the $100,000 grant match funding has been moved from recurring to nonrecurring costs, and other items have been moved as well; and inquired about the total costs for recurring and nonrecurring.

 

Ms. Busacca responded the Board has spent so far all but $230,000 in recurring; and if it chooses to add everything else to the list, there will be $131,000 left.

 

Commissioner Colon stated citizens are trying to follow the County Code; they do not know every Code, resolution, and procedure approved by the Board; and she is surprised there is only one Code Enforcement officer in the Natural Resources Management Office.

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve recurring cost of $45,000 for Natural Resources Management Office Code Enforcement officer. 

 

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve cost of $19,000 for Judicial Branch Administration part-time receptionist at Melbourne Courthouse.

 

 

The Board reached consensus to approve Myregion program support in the amount of $35,000 per year for three years to nonrecurring costs.

 

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve recurring cost of $45,000 for Permitting and Enforcement Department Code Enforcement officer. 

 

 

Budget Director Dennis Rogero advised the remaining funding for recurring costs is $166,000.  Commissioner Scarborough inquired what is the new total amount for non-recurring costs; with Mr. Rogero responding $4,366,588.

 

Discussion ensued on the Strategic Plan, Growth Management Review Commission, Economic Development Commission, and Brevard Tomorrow.

 

 

The Board did not reach consensus to add an additional $50,000 in nonrecurring costs for Brevard Tomorrow program support; and removed it from the list of nonrecurring costs.  The Board reached consensus, with the exception of Chairman Pritchard, to continue funding  $50,000 for Brevard Tomorrow as included in the budget.

 

 

Ms. Busacca inquired if the Board desires identified funding regarding nonrecurring costs in the amount of $225,000 for process improvement for all Board agencies; with Chairman Pritchard responding yes.

 

The Board reached consensus to approve nonrecurring cost of $50,000 for Economic Development Commission of Florida’s Space Coast space initiative.

 

 

The Board reached consensus to approve nonrecurring cost of $220,000 for Emergency Operations Center (EOC) air conditioning as a mid-year priority.

 

 

Commissioner Colon stated she supports nonrecurring cost of $100,000 for the North Brevard Alzheimer’s Center.  Commissioner Scarborough advised the Center is under construction at this time.

 

The Board reached consensus to approve nonrecurring cost of $100,000 for North Brevard Alzheimer’s Center.

 

 

The Board reached consensus to approve nonrecurring cost of $65,000 for New Commission “Persons with Disabilities Assessment Project.”

 

 

Commissioner Carlson stated the County is talking about $60,000 regarding the feasibility study for porous groyne and grant matching funds, and then it changed to $250,000.

 

Commissioner Voltz stated $60,000 is for the study and it is going to be $500,000 for the County’s cost to do the entire project; it was looking at the possibility of doing $250,000 if the money is there; and if not, it will do $60,000 first and then review it mid-year.  Commissioner Colon stated the area that needs sand is the Mid-reach.  Commissioner Voltz stated if the Mid-reach can be done, it will be ideal for the area; and the County needs to do whatever it can to get the Mid-reach done as it is the worst part of the whole County.  Commissioner Carlson stated if the $60,000 is the study, the $250,000 would be set aside toward $500,000 to see if it works; and the County is funding a private entity that will use its dollars for other services elsewhere along all the beaches along Florida.  Commissioner Voltz stated nothing is set in stone until the Board approves the final budget; the project will help Mid-reach and the County needs to strongly work on it; Senator Haridopolos has gotten Brevard County the permits from Department of Environmental Protection (DEP), which are very difficult to get; and that in itself is worth a lot more than $60,000.

 

The Board reached consensus to approve nonrecurring cost of $60,000 for Natural Resources Management Office feasibility study for porous groyne and grant matching funds.

 

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve nonrecurring cost of $25,000 for Natural Resources Management Office vehicle for new Code Enforcement officer.

 

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve nonrecurring cost of $25,000 for Permitting and Enforcement Department vehicle for new Code Enforcement officer.

 

 

The Board reached consensus, with the exception of Chairman Pritchard, to approve nonrecurring cost of $23,000 for Permitting and Enforcement Department laptop computers for Code Enforcement officers.

 

 

Chairman Pritchard advised he will support seven laptop computers for Code Enforcement officers since he did not vote for all of the Code Enforcement officers.

 

The Board discussed the workload in the Planning and Zoning Office, permit review, Geographic Information Systems (GIS) specialist, document management system, and scanner.

 

The Board reached consensus to approve nonrecurring cost of $15,500 for Planning and Zoning Office document management system.

 

 

Commissioner Scarborough stated the Board is having discussion concerning transportation this Thursday; he has not been briefed on the particular roads and what other roads may also be considered; and requested deferring discussion on the Roadways and Landscaping Department items until Thursday, which include Dixon Boulevard, the infrastructure management system, Ocean Beach Boulevard, Cape Canaveral Central, North Atlantic Avenue, and Ridgewood.

 

Discussion continued on Dixon Boulevard and the Pineda Extension.

 

The Board reached consensus to upgrade nonrecurring cost of $300,000 for Transportation Engineering Department signal timing, for total of $450,000.

 

 

The Board reached consensus to approve nonrecurring cost of $150,000 for Space Coast Government Television (SCGTV) equipment upgrades.

 

 

Chairman Pritchard stated SCGTV does an excellent job.  Commissioner Voltz stated some year she would like to see streaming on the Internet.

 

The Board reached consensus to approve nonrecurring cost of $200,000 for Technological Research and Development Authority (TRDA) support for small business incubator.

 

Ms. Busacca stated it leaves the Board with $1.05 million for nonrecurring costs if it allocates to Myregion annually, and includes the Builder Care Program and grant funding; and it could remain unallocated until the Board talks about transportation on Thursday.

 

Commissioner Scarborough stated the County has additional nonrecurring that will become available in mid-year; if something does not get done, it can come back in mid-year; and it will be nice to look at all the road projects the Districts have to see a bigger composition.

 

Discussion ensued concerning resurfacing and striping roads, canals, stormwater runoff, weir dams, catch basins, cleaning up the environment, the notice of hearing on proposed solid waste assessment increase, rebuilding reserves, solid waste collection, FEMA, and debris cleanup.

 

Chairman Pritchard advised of the proposed fee increase of $7.08 per year for fire rescue/emergency medical services, which is 59 cents per month; stormwater fee increase in Districts 1, 2, and 4 of $14.00 per year, which is $1.17 per month, and $7.00 a year in District 5; Solid Waste total fee of $34.34 or $2.83 per year, which is based on a one-time charge to rebuild depleted reserves in the Solid Waste Department; $3.03 of the funds is used for the Waste Management Contract; FEMA funds for hurricane debris removal; total of the three proposed fees for Districts 1, 2, and 4 of $55.42 per year, which is $4.59 per month; and subtracting it from the reduction in property tax of $88.00 leaves a net of $32.58.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to draft a letter for the Board’s review regarding the four-year plan as originally recommended by the Utility Services Director due to the number of concerns from citizens about the proposed fee increases.

 

 

Commissioner Colon stated a letter of apology for the letters that went out to citizens should be it; they are upset and angry at the County; it needs to be careful in the future as other such letters have been sent out in the past; and the County is the one that gets the hit and has to do the public relations.  She noted it has damaged its credibility, but it did not cause it and did not approve the letter; there was terrible miscommunication; the County did not mean to get the people upset, but the phone calls came in; and she apologizes.  She stated she will support the stormwater fee increase only; there is not one person to blame; and it is a procedure the County has always done, but not one that should continue. 

 

Chairman Pritchard inquired what would the cost of sending the letters be; with Ms. Busacca responding $85,000.

 

Commissioner Carlson stated this is a perfect example of why the County needs a public information officer under SCGTV; the sooner it gets somebody the sooner it can educate the public so they can understand what they get in the mail; accurate information needs to be provided; and the Board is going to hear everybody’s perspective on August 23, 2005 when it discusses the rate increases.

 

Commissioner Scarborough stated his thought is to walk in on August 23, 2005 and say the Board has already changed its posture.

 

Solid Waste Management Director Euripides Rodriguez stated the letter basically states the maximum the County can go to; the Board can select something at a lower scale than that; and it cannot go more than the notice goes out for.

 

Discussion ensued concerning the Constitutional Officers’ budgets, Department of Revenue (DOR), revenue shortfalls, rate increases, and increased assessed property values.

 

Commissioner Scarborough stated Chairman Pritchard’s concern is the $85,000 cost to send the letters; he would be happy if the Board could commit at this time to not go more than $8.50 per year; it would give the ability not to flood Viera on August 23, 2005 with people if it is not the Board’s intention to go the full amount; and the letters would not have to be mailed out.  He advised he will not be supporting the full amount.

 

Chairman Pritchard stated he has given a 1:00 p.m. time certain on August 23, 2005 to discuss the issues, except for the Fire/EMS fee, which will be discussed on September 6, 2005; on August 23, 2005 the Board will receive public input; the sheet he used today is what he uses to explain to people; and then they say they can live with it as they understand why it has come about as it has.  He noted the County can see who from the public comes forward at the meetings and hear what they have to say; hopefully by then some of the air will have been cleared as to how much and why; and the Board will see whether or not it is acceptable.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize Commissioner Colon to travel to Tallahassee, Florida on August 17, 2005 with Chairman Pritchard to meet with the new Florida Department of Transportation (FDOT) Secretary to discuss guardrails on I-95 and other issues.  Motion carried and ordered unanimously.

 

 

 

Upon motion and vote, the meeting adjourned at 2:10 p.m.

 

 

 

ATTEST:

 

                                                                               __________________________________

                                                                               RON PRITCHARD, D.P.A., CHAIRMAN

                                                                               BOARD OF COUNTY COMMISSIONERS

                                                                               BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

           (S E A L)