August 18, 2005

The Board of County Commissioners of Brevard County, Florida, met in special workshop session on August 18, 2005, at 9:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, Commissioners Truman Scarborough, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox. Absent was Commissioner Helen Voltz.

REPORT, RE: AGENDA FOR INDIAN RIVER COUNTY COMMISSION MEETING

County Manager Peggy Busacca presented copies of the agenda for the meeting with Indian River County Commission; and advised the Board could delete or add items to it.

Commissioner Carlson inquired if Items 10 and 11, Impact Fees and Gas Tax, can be moved to the beginning of the meeting as she has to leave at 3:00 p.m. Commissioner Scarborough inquired if it could start at noon.

Commissioner Voltz recommended adding the solid waste issue to the agenda.

REPORT, RE: LETTER FROM JENNIFER AND ANTHONY THERRIEN

County Manager Peggy Busacca presented copies of a letter from Jennifer and Anthony Therrien regarding overdevelopment, annexations by the City of Cocoa, repairing Dixon Boulevard, Charter amendment to deal with annexations, and thanking the Board and staff for its efforts.

REPORT, RE: EXECUTIVE SESSION ON EMS ASSESSMENT LITIGATION

County Attorney Scott Knox advised they had hearings Monday and Tuesday on Palm Bay’s effort to keep the Board from going forward with the EMS assessment; the City sought temporary injunction and the judge denied that; and as a follow-up, they need an executive session to discuss the issues.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the County Attorney to schedule and advertise an executive session for August 23, 2005, at 11:30 a.m. or as soon thereafter as possible to discuss the EMS assessment litigation with the City of Palm Bay. Motion carried and ordered unanimously.

REPORT, RE: TRIP TO TALLAHASSEE TO MEET SECRETARY OF TRANSPORTATION

Tom Redmond objected to the Florida TODAY newspaper article on the Commissioners’ trip to Tallahassee on a private plane, alleging wrongdoing; stated they went to protect the community; and they made it back alive even though a bird hit the plane.

Commissioner Colon and Chairman Pritchard advised of the experience of flying to Tallahassee and back in a private plane to meet with the new Secretary of Transportation and Governor’s staff in support of the installation of guardrails on I-95 as soon as possible, the accusation of insufficient law enforcement, and about the bird hitting the airplane upon their return flight as well as the newspaper articles on the incident.

Chairman Pritchard inquired if the County can advertise its legal notices in other newspapers; with County Attorney Scott Knox responding it has to use a newspaper of general circulation in the County.

PUBLIC COMMENTS - AMY TIDD, RE: SOLID WASTE RATE INCREASE

Amy Tidd stated she heard the Board is looking at a one-time rate increase for the storm damage; and inquired if it could be spread over three or four years so it would be $10 instead of doing it all in one year. She stated a lot of people are still suffering from storm damage.

Ms. Tidd stated the landfill is filling up; and requested the Board consider the recommendations from the Recycling Advisory Committee as a means of saving landfill space.

PUBLIC COMMENTS - JOHN VAN GORP, RE: SARNO ROAD LANDFILL

John Van Gorp, Vice President with Wuesthoff Health Systems, stated there has yet to be development east of the south portion of the Sarno Road landfill; and they met with County officials and reached an agreement in the development of that portion of the landfill to be built quickly and covered in five years. He stated the noise and dust will be less as they develop their medical building and inpatient hospital; but no development of the landfill has taken place; and while they know they purchased land next to the landfill, they worked out an agreement to minimize the impact on their medical campus. He stated the timeframe has passed, which concerns them and requested the Board be sensitive to their needs as it develops the landfill.

PRESENTATION, RE: UTILITY SERVICES DEPARTMENT AND SOLID WASTE
MANAGEMENT DEPARTMENT REPORTS

Utility Services Director Richard Martens advised of what his Department hopes to accomplish, including development of a Solid Waste master plan dealing with Class I and Class III waste. He stated garbage placed on the street is Class I waste; and Class III waste includes construction and demolition materials.

Chairman Pritchard inquired if there is Class II waste; with Mr. Martens responding there is no Class II landfill because it is difficult to deal with. Mr. Martens gave the Board an update on the studies, the Mockingbird Facility in Titusville, and Transfer Station in South Cocoa; reported on development in northeast Sarno landfill, completion of new Melbourne transfer station, landfill gas emission, odor control, reducing greenhouse effect, seven years of capacity in Class III Sarno landfill; need for a decision concerning new capacity for Class III waste, lost capacity at Central Disposal Facility but has the ability to expand, and the master plan being a long-term planning tool they will use to provide service in the future.

Omar Smith with S2Li, Inc., made a PowerPoint presentation of the Special Waste Management Facilities Needs Study; explained the different classes of waste; and commented on recycling, a new transfer station in South Brevard, expansion of the Central Disposal Facility, yard waste, Sarno Road landfill, household hazardous waste, citizen drop-off sites, mulching facilities in other areas, private contractor to take waste out of County, Waste Management Needs Study, illegal disposal sites, letters to all cities with no response, telephone interviews, and contact with Keep Brevard Beautiful.

Chairman Pritchard stated it is incredible that only Keep Brevard Beautiful was willing to address the problem.

The Board discussed illegal dumping sites in South Brevard, information from Code Enforcement, citing property owner for illegal dumping by others on private property, the façade of Melbourne Transfer Station, transfer station in Palm Bay, and no facilities but lots of open area south of Palm Bay.

Mr. Smith explained a transfer station operation, odor control systems, fire prevention system, the 1999 sites study, and a need for a transfer station south of Palm Bay if Palm Bay does not want it, which will shorten haul routes.

Commissioner Pritchard stated land is less today than it will be ten years from now, and the County could buy the land, build the facility, and use part of it to discourage illegal dumping. Mr. Rodriguez stated he would not advise building the facility because the rules change.

Discussion ensued on whether or not to purchase land now and build a facility in South Brevard, permit requirements, expansion of Sarno Road landfill, and no Brevard County waste going into the Indian River County landfill.

Commissioner Voltz recommended solid waste discussion be put on the agenda for the meeting with Indian River County Commission.

Mr. Smith advised of the feasibility for hauling solid waste out of County to increase the life of the landfill, reduce operating cost with less handling at the landfill, and delay expansion of existing landfills. Mr. Martens stated it is 13 miles from Melbourne transfer station to Deseret and 25 miles to the Central Disposal Facility. Mr. Smith stated it cost $5 to $10 a ton to haul waste last year plus the gate fee of $18 to $25 a ton.

Discussion ensued on development of Deseret property, using Deseret for Classes I and III waste, reduction of source through recycling, feasibility study on cost of recycling, the Gleason property, selling Deseret property, and costs and timeframes for future projects.

Discussion continued on cost to transfer Class III materials, closing Sarno Road landfill shortening the life of the Central Disposal Facility, Taylor Creek, acquisition and use of Deseret property, permitting and development of a landfill, impact of a landfill on Deseret Ranches, environmental issues, City of Melbourne’s concerns, protected and endangered species, and settlement agreement.

Mr. Martens stated if the Board wants to go with Deseret, a preliminary design would be the first step for permitting, environmental impact, etc.; and it would be good to do comparison of going to JED at the same time. Commissioner Scarborough stated he would move that.

The Board and staff continued discussions on development of Deseret property, Sarno Landfill, Class III waste consuming Class I space, co-mingling of waste, benefits of going with private operation, a facility like Mockingbird in South Brevard, who may be interested in buying the Sarno Road property, cost to develop Deseret, and evaluation of JED.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize staff to proceed to find out if Department of Environmental Protection will permit a landfill on the Deseret property.

Ms. Busacca inquired if that means to proceed with permitting without the preliminary design. Mr. Martens stated they will do a preliminary design report and will bring back a Task Order for that. Chairman Pritchard stated staff can define how much it will cost for a JED also and not get wrapped up in design permitting. He stated he wants to know what Deseret will cost and what a JED would cost; and inquired how long would it take to get the information and not a full-blown study; with Mr. Martens responding about four months. Mr. Martens stated they can bring it back for discussion before initiating final design.

Chairman Pritchard stated he wants to see a report on the 3,000 maximum build-out, amount of time it will take for Classes I and III going there, the cost of maximum build-out versus a JED facility, and how many years they would get out of a JED and out of a Deseret facility.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to show the Board 3,000 acres at maximum build-out, not phase in, the amount of time it will take, what Class I and Class III are going to be, the cost of maximum build-out versus a JED facility, and how many years they will get out of a JED and a Deseret facility. Motion carried and ordered unanimously.

Chairman Pritchard stated someone is going to ask Melbourne if it is interested in buying some land and he is going to ask people if they are interested in buying the land so the County can make some money out of it.

Mr. Rodriguez inquired if the Board wants staff to pursue a citizen convenience center in South Brevard; with Chairman Pritchard responding yes.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to pursue the feasibility and availability of properties in South Brevard unincorporated areas to construct citizens convenience centers and transfer stations. Motion carried and ordered unanimously.

Mr. Martens stated the Board asked if staff could make funding requirement of hurricanes at $8.50 this year; and they can do it but cannot pay it back doing it in four years. He stated they have a $3.00 inflation increase this year and expected another $3.00 next year. Chairman Pritchard stated if it is $31.30 for one year, it would be about $10 for three years. Discussion continued on the different funding scenarios and payment schedules.

The meeting was recessed at 12:00 noon and reconvened at 1:00 p.m.

REPORT, RE: TRANSPORTATION SERVICES

Gary Hanlin representing Pineda Concerned Residents, commended Commissioners Pritchard and Colon for going to Tallahassee; stated they have been working on a noise barrier wall for the Pineda Causeway since 2000; described their efforts; and requested a resolution be sent to Secretary of Transportation Denver Stutler and the Legislative Delegation.

The Board discussed development too close to the highway, and letter of support from MPO to Legislative Delegation.

Commissioner Carlson requested staff, with the help of Mr. Hanlin, prepare the appropriate resolution.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution supporting the Pineda Noise Barrier Project; and authorize sending the Resolution to Secretary of Transportation Denver Stutler, Senator Haridopolos, and Representative Altman. Motion carried and ordered unanimously. (See page for Resolution No. 05-194.)

Amy Tidd presented petitions from citizens to get something on the ballot of whether they want transportation impact fees; stated the County is $350 million behind on transportation funding; they are feeling the effects of that; there are many people concerned about that; and impact fees is the first route of finding those dollars. Ms. Tidd stated at $15 million a year the County would have had the funding for the Pineda Extension; it can fix problems that will be there before going to gas tax; and new growth should pay its share.

Jim McKnight, City Manager of the City of Rockledge, expressed concern about Barnes Boulevard and Dixon Boulevard; stated they are anxious to see solutions for Barnes Boulevard and will continue to be a willing partner to that end; and they will extend the impact fee because they see the importance. He stated development of Viera has created problems; and Viera was given too much transportation impact fee credits. He stated he was made aware of additional revenue for the County; Dixon Boulevard is in dire need of improvements; the City made an offer to take over Murrell Road from the south city limits and would resurface and restripe it; and Viera would not take it.

Commissioner Carlson stated if Viera would build its overpass sooner, that would relieve a lot of traffic on Barnes Boulevard; and she will approach them to see if they can step it up. Mr. McKnight stated it is also an evacuation route.

Commissioner Colon inquired if Mr. McKnight was able to get her examples of the impact fees; with Mr. McKnight responding Viera has been getting away with transportation impact fee credits that have been given for roads that are not in its development; however, he did not realize they were getting those credits. He stated if there is an agreement with Viera, the County Attorney needs to advise the Board whether the new DRI would have to look at roads beyond what aids its development.

The Commissioners and staff commented on not having enough east/west connector roads, being required under State law to provide transportation impact fee credits for infrastructure above and beyond the development, levying impact fee at one-third and giving credit back at 100% of the cost, widening of Stadium Parkway, and school impact fee.

Chairman Pritchard stated he does not understand why the County gives full credit and gets back one-third; and inquired who made that decision and why was it not recognized earlier. He stated if the County collects one-third, it should give one-third back; and inquired how can the Board stop it; with County Attorney Scott Knox responding he will have the answer for the Board on Tuesday. Chairman Pritchard stated the County should do everything possible that it can do, then look at impact fees. He inquired if the Board can charge DRI’s differently; with Mr. Knox responding in terms of impact fees, no.

Maureen Rupe stated the roads in Port St. John are in terrible condition; they were not constructed like they should have been; every street has potholes; and it poses danger to children riding bikes. She stated she is in favor or raising the transportation impact fee to 100%; and advised of her tour of Viera West, insufficient payment for impacts, and taxpayers subsidizing growth.

Fran Wales stated they have roads that are heavily traveled, cars have gone into canals, and people have drowned in their vehicles. She stated a cost-effective approach may be guardrails. She stated the Board needs to increase the impact fee to 100% without additional funding from sales tax to fix the problems; and advised of gas prices going up, merge lanes on I-95, traffic on Palm Bay Road and Minton Road, and driveway cuts increasing traffic accidents.

Chris Holly stated they need to reach out and meet with folks; go to League of Cities, partnerships, they are traveling the state, next stop is Pinellas County, then the final stop is Dade County; and they look forward to the Board’s help in Tallahassee.

The Board discussed growth management, counties with the same issues, transportation infrastructure, insufficient funds, impact fees, documentary stamps, sales tax, change in leadership, long-range legislative strategy, annexation, and cities and counties compromising.

Norma Adam addressed capacity for I-95, safety issues, drainage, and barriers. Chairman Pritchard stated the guardrails would go on the shoulders and not in the middle.

Mark Ryan, City Manager of West Melbourne, addressed the $350 million backlog, projects that are important such as Hollywood Boulevard, Minton, and others; partnership with the County, property tax not being popular; and impact fee being one-third of what it should be. He stated they want to help and be a partner with the County because they are all in it together and will work with the County.

Bob Wille addressed his past experiences with transportation needs for over ten years, studies done and still debating how to address them, funding, quality community, adequate transportation, federal funding, problems with roads understated, the backlog of projects not going away and need to come up with a means to fund them, and gas tax for capacity projects.

Roadways and Landscaping Director Billy Osborne made a presentation on how they process and spend their dollars for maintenance of roads, MSTU funds collected in all Districts, millage rates, revenues generated by each MSTU, percentages of dirt roads in each District, and expenditures for resurfacing, reconstruction, ditches, and maintenance.

The Board discussed deterioration of roads, resurfacing 30 miles a year, County roads in incorporated areas that cities are not interested in taking over, base failures, projects in each District, asset management program, drainage maintenance, reconstruction of roads, contractors on board if money is available, and prices of materials escalating.

Mr. Kamm stated Canaveral Groves Boulevard need to be four-laned.

Transportation Engineering Director John Denninghoff advised of deferred maintenance, preventative maintenance, potholes, washouts, how roads are built, Lakeland’s program, and assessment training for staff.

The Board and staff discussed applying the best tools, individuals required to operate the program, asset management, and funding methodologies.

Assistant County Manager Ed Washburn advised asset management tells of the needs; the amount the Board invests on an annual basis is up to it; and the purpose of the asset management is to be able to spend what money they have for maintenance more wisely and get there over time depending on what each Commissioner wants done. Chairman Pritchard inquired if $1.5 million is the total price of the system; with Mr. Denninghoff responding there are few who have done it all at one time, but most are done in phases.

Discussion ensued on funding commitment, budget, what can be done to generate more money, vacant positions, transportation impact fee credits, excess capacity, road construction, constitutional gas tax, State roads, local option gas tax use, County’s contribution for Pineda Causeway Extension, and bonding.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to extend the local option gas tax for 20 years. Motion carried and ordered unanimously; Commissioner Colon being absent from the room.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to start work with the Financial Advisor and Bond Counsel on a bond issue. Motion carried and ordered unanimously.; Commissioner Colon being absent from the room.

Discussion continued on transfer from General Fund and Roadways and Landscaping to other programs, summary of LOGT trends, unfunded CIP projects, sidewalk projects, traffic signals, short-term solutions with long-term benefits, contributions from the School Board, unfunded needs, 20-25 long-range transportation plan and growth management plan, what the conditions will be if nothing is done beyond five years, addressing long-term capacity, U.S. 1 north of SR 528 project, proposed developments dumping traffic on U.S. 1, 110 miles of roads that need reconstruction, matching funds from Department of Transportation, projects and funding options, increasing capacity on Wickham Road, and transportation impact fee credits. Commissioner Scarborough suggested looking at city and County plats and building permits.

Upon motion and vote, the meeting adjourned at 5:15 p.m.

ATTEST: _________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)