MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 22, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 22, 2006 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Roger A. Wenninger, Grace Lutheran Church, Melbourne Beach, Florida.

 

 

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the May 16, 2006 Regular Meeting Minutes as submitted.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the easement requirement in Section 62-102(B)(b)(8), thereby allowing less than a five-acre minimum for access easement within a flag stem lot located north of Highway 528 and west of Tropical Trail, as requested by Elmer Banyai.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Morrow Place at Walkabout (a.k.a. Walkabout and Pod 17) Subdivision, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract dated April 11, 2006 with The Viera Company for improvements in Sunstone

Subdivision, Phase 2.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to schedule a workshop for October 12, 2006 at 1:00 p.m. to discuss Substantial Deviation to the Viera DRI.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Harvey’s Indian River Groves, Inc. for property located .25 mile north of the intersection of S.R. 3 and Grant Road.  Motion carried and ordered unanimously. 

 

 

        PRELIMINARY ASSESSMENT ROLL FOR MORNINGSIDE DRIVE ROAD PAVING

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve legislative intent and authorize staff to proceed with drafting ordinances addressing erosion and sediment control measures during construction and illicit discharges to the storm sewer system as required by the County’s National Pollutant Discharge Elimination System (NPDES) Permit.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise public hearing to be held on September 19, 2006 to confirm the preliminary assessment roll for Morningside Drive Road Paving Municipal Service Benefit Unit.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Quit Claim Deed transferring all County interest to Town of Melbourne Beach for a right-of-way for  a  portion  of  Oak  Street  from  the south town limits to Ocean Avenue.  Motion

carried and ordered unanimously. 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Change Order No. 1 with Watauga Company reducing the contract amount for construction at Central Disposal Facility “Citizen Drop-off Convenience Center” to $196,772.82 and extension of time due to design changes.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Keep Brevard Beautiful, Inc. for recycling education.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Second Amendment to Agreement with Meridian of Brevard LLC by Town Realty, Inc. in an effort to close and with objections being raised due to the presence of utilities on County property for Winslow Reserve Subdivision.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Temporary Construction Easement from Ronald A. Morrison, Life Estate and Roy F. Morrison, Life Estate; waive the Phase I Environmental Assessment, deed and plat restrictions, title insurance, all FP&L, BellSouth, and Public Utility Easements; and authorize the Land Acquisition Office to order payment in the amount of $50.00 and conduct closing on property for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with James E. Greathouse and waive Phase 1 Environmental Assessment for Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Temporary Construction Easement from L. B. Michael, Jr., Family Trust; waive Phase 1 Environmental Assessment, deed and plat restrictions, title insurance, all FP&L, BellSouth, and Public Utility easements; and allow the Land Acquisition Office to order payment in the amount of $3,150 for this easement and conduct the closing for the property for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to issue Change Order to Callaway & Price, Inc., for South Wickham Road Widening Project, in an amount not to exceed $60,000, plus expert witness work and/or testimony.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Melvin Brown, Trustee of the Melvin Brown Revocable Trust; and waive Phase 1 Environmental Assessment for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Temporary Construction Easement from Eugene O. Webster, III and Marilyn C. Webster; waive Phase 1 Environmental   Assessment,  Deed   and   Plat   Restrictions,  Title  Insurance,  and  all   FP&L,

BellSouth, and Public Utility Easements; and authorize the Land Acquisition Office to order payment in the amount of $7,100.00 and conduct closing on property for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Melbourne for Riverside Drive Sidewalk Project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve recommendation of the Underground Injection Control (UIC) Selection Committee to contract with Camp Dresser and McKee for engineering consulting services.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to solicit  proposals  for  engineering consultant services for the expansion of County water service

in the South Mainland Area; appoint a Consultant Selection Committee consisting of Richard Martens, Utility Services Director; Ron Voll, Water and Wastewater Program Manager; Paul Partlow, Utility Engineer III; Peggy Busacca, County Manager; and John Denninghoff, Transportation Engineering Director, or their designees; and appoint a Negotiating Committee consisting of Mr. Martens, Mr. Partlow, and County Attorney Scott Knox, or his designee, to negotiate a contract with the selection firm.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with the City of Melbourne for the collection of monthly sewer and reclaimed water service fees.  Motion carried and ordered unanimously. 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve revised Policy BCC-74, Unsolicited Materials, which establishes guidelines for the display of unsolicited materials in the Library System.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve revised Policy BCC-73, Library Materials Selection Policy, which establishes the guidelines and selection criteria for library materials added to the collections.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Application to the Florida Department of State, Division of Library Services, for State Aid to Libraries FY 2006/2007.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the donation of the Hutcheson shed, barn, and contents from owner RRWHKM, LLC and donation of the cook’s house  from  the  Williams’ family; and authorize funding the relocation of the buildings to

the southern portion of the Chain of Lakes located on Brevard Community College-Titusville campus, contingent on an interlocal agreement with BCC.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Florida Power & Light Company Easement for construction, operation, and maintenance of electric utility facilities at Viera Regional Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Florida Power  &  Light  Company  Easement  for  construction, operation, and  maintenance  of electric

utility facilities at Barrier Island Sanctuary.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Spaceport R/Cers, Incorporated for use of a portion of Space Coast Communities Sports Complex in Sharpes.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Rose Marie Canter to the Public Golf Advisory Board, replacing Hal Neely, with term of appointment expiring December 31, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Water Line and Ingress/Egress Agreement and Bill of Sale with the City of Cocoa for Mitchell Ellington Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the projected cost of $246,362, as submitted by the Tax Collector, for administration and collection of County Occupational License fees.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve extension of the Property Tax Roll prior to final certification by the Value Adjustment Board (VAB).  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to take the following actions regarding listed commodities and services for FY 2006/2007:  (1) solicit competitive bids and quotes and award to lowest, responsive, and most qualified bidder; (2) solicit competitive proposal, establish selection committee, and award contract with the best-ranked proposal, and authorize execution of the contract; (3) exercise renewal options stated upon evaluation of supplier performance and recommendation from user departments/offices; and (4) authorize the Chair to execute contracts and contract renewals over $100,000 in annual value.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the use of vendors of record as listed; approve issuance of blanket purchase orders and authorize the Chair to execute contracts to those vendors, exceeding $100,000; and approve competitive action in the event of unforeseen changes to the approved vendors and/or the cooperative purchasing programs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with the City of Melbourne for the purpose of sharing geographic information developed by 9-1-1 Administration with the City for its exclusive internal use in updating the City’s current GIS database and emergency dispatch system.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve continuation of Policy BCC-04, Discriminatory Harassment.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to eliminate Policy BCC-13, Natural Disaster Personnel Rules.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement and approve protocol by WBCC to broadcast emergency information as presented by the Office

of Emergency Management and/or Space Coast Government TV; and authorize the County Manager or her designee to implement any future changes concerning the Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to delete travel for Transportation Planning Director Bob Kamm concerning a trip to Tallahassee; and approve the Bills and Budget Changes.  Motion carried and ordered unanimously. 

 

 

 

County Attorney Scott Knox advised he distributed a copy of a memorandum on the ballot language for the referendum on additional bonds for completion of parks as the Board instructed; Commissioner Pritchard has raised another question about some of the language; and he will come back to the Board tomorrow with a finalized version of the language, but needs to check with Bond Counsel on what Commissioner Pritchard has asked about.

 

Commissioner Scarborough inquired if Attorney Knox is going to check on the amount also; with Attorney Knox responding affirmatively.  Commissioner Scarborough stated the amount has to be specific and reasonable that can be borrowed able.  Attorney Knox responded that is correct.

 

Commissioner Colon stated if she was a constituent reading the wording she would think it is a tax increase; and it should be the main point immediately.

 

Commissioner Scarborough stated it would be great if Attorney Knox could include language stating without increasing the millage, without any new taxes, or something to that extent.  Attorney Knox advised he will contact Bond Counsel about it.

 

Fran Gorecki, Secretary of Brevard Animal Recreation Club, advised she sent an email to the Commissioners about perhaps including the dog parks in the 2006 Parks and Recreation Referendum; there were four parks proposed after the 2000 referendum and they do not have the funding; and she is not sure when the funding will appear in the event that it is not included in the referendum.  She stated including the dog parks would perhaps cause the referendum to pass because national estimates are that 40% of the population owns dogs; including such parks in the referendum might be enough to induce people to vote for it that might not otherwise vote for it; it would be a win-win situation for everybody; dog parks are very low cost compared to most of the other recreational facilities.  She noted it is a good investment on the County’s dollar; and reiterated her request to the Board to include the dog parks in the referendum, either with the same amount of money or to add a small amount of money to build them.

 

Dennis Wyant requested the Board come through with the promised dog park for Viera Regional Park; stated The Viera Company  donated five acres in 2002; the Brevard Parks and Recreation

website as of last night showed that the dog park was still to open in mid 2006; and if there is not money in the referendum for the dog parks then he hopes the Board will oversee that money received from FEMA or other operational funds could be used.

 

Thomas Brown stated he is a resident of Suntree; the residents want their dogs to have a place to exercise; he donates all his time to rescuing Labrador Retrievers; and it would not cost that much money.

 

Assistant County Manager Don Lusk advised there were not dog parks planned as part of the referendum projects; as referendum projects were implemented they were master planned at Viera and several locations; there are no dollars at this point in time to do that; staff has met with BARC; and the Club has good intentions.  He stated staff’s intent is to open Palm Bay next in the budget for next year; it has completed the dog park minus some things that need to be done; staff hopes by December 2006 it will be open; and Viera will be done as quickly as possible.

 

Commissioner Pritchard stated Lori Wilson Park has been opened in Cocoa Beach; there are plans for Ellington Park, but it is not part of the referendum; it would be discussed at the next budget cycle; and inquired can excess revenue be used for dog parks.

 

County Attorney Scott Knox responded the referendum has certain projects that were identified with it; there are some flexibility in those projects depending upon the nature of the park; in this case he is not sure the dog parks fits within the generalized exceptions or not; and if they do fit and there are extra dollars left over at the end of other projects then the County probably could use the money.

 

Commissioner Pritchard inquired what is the price of a typical dog park; with Mr. Lusk responding it depends on the location. 

 

Jack Masson, representing Parks and Recreation Department, stated the cost to implement would probably be in the neighborhood of $37,000 to $40,000, which is only for fencing and site preparation; it is a ballpark figure if the County owns the land; such figure could be more than that depending on the size; and recurring costs would be the staffing after the dog park is open.  He noted other amenities, such as restrooms or other structures for staffing, will escalate the costs considerably.

 

 

Commissioner Scarborough read aloud a resolution recognizing The Space Coast Birding and Wildlife Festival January 24^th through January 28, 2007.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution congratulating the sponsors, contributors, and participants of The Space Coast Birding and Wildlife Festival  and  wishing  them  continued  success  as  they  prepare  for  their

upcoming January 24^th through January 28^th, 2007 festival.  Motion carried and ordered unanimously. 

 

Netta Harris, Executive Director of Brevard Nature Alliance, advised of the Space Coast Birding and Wildlife Festival; and expressed appreciation to the Board for continuing to allocate monies to fund the process for cultural and tourism grants for annual community events, such as the Festival.

 

Commissioner Scarborough presented the Resolution to Ms. Netta Harris.

 

 

Commissioner Pritchard stated Mila Elementary School was one of the referendum projects; and the contractor will be onsite August 28, 2006 to finish up the construction project.

 

 

 

Jerry Breeze, Executive Director of the Henegar Center for the Arts, discussed the various activities and services provided to the community by the Henegar Center; and expressed appreciation to the Board for its continued support of the Community Cultural Grants Program.  He stated the Center is serving approximately 120,000 people each year in historic downtown Melbourne; it is excited and proud about it; and encouraged everyone to take advantage of the Henegar Center.

 

 

Commissioner Carlson stated she has been getting tons of emails from District 2 regarding one of her quotes that was in the newspaper has been used in Commissioner Pritchard’s campaign literature; folks have been asking her if she has given her permission for him to use her name in his literature; the answer to that is no; and in the future she would appreciate if her name and any quotes that are based on whatever she has to say in any campaign literature, especially in a mud-slinging campaign the way it appears it is going on right now.

 

Commissioner Pritchard stated it is public record.

 

 

Commissioner Colon stated she was very disappointed the way she carried herself last Thursday; and publicly apologized to Commissioner Carlson.

 

 

Chair Voltz stated she has a letter from the City of West Melbourne asking about purchasing Rhodes Park.

 

Commissioner Carlson stated she does not know if the Board had a formal motion, but it agreed it was going to keep hold of it until it had some sort of plan or desire to do anything with it.

 

County Manager Peggy Busacca stated the Board directed staff to write a letter thanking the City, but no, not at this time.

 

 

Chair Voltz stated she has a letter from Honor America regarding its potential funding for $10,000.

 

Commissioner Carlson stated the Board has done this sort of thing in the past; it is currently giving money to the Brevard Cultural Alliance and LEAD; she can support that; Honor America put in for grants for the BCA; and they have received money in the past through the Tourist Development Council (TDC).  She noted there are some requirements in the County’s grant booklet that talks to organizations receiving funding support from other Brevard County government sources; and the County needs to weigh those things and find out exactly what it is doing.  Chair Voltz stated she agrees that the County needs to wait, but she wanted to get a formal letter from them stating why they needed the money.

 

 

Chair Voltz called for the public hearing to consider an ordinance for Economic Development Ad Valorem Exemption for The Software Specialists, Inc.

 

Bruce Hanson, representing The Software Specialists, Inc., requested the Board approve the Economic Development Ad Valorem Exemption for the Company; stated there are approximately 17 fulltime employees, contractors, and Florida Institute of Technology (FIT) students that the Company utilizes; such Company deals with a high-tech industry, mostly commercial avionics aircraft, etc.; and it is on a pretty good growth pattern that is going to benefit the economy locally.

 

Economic and Financial Programs Director Greg Lugar advised the item is back to the Board for the public hearing to adopt the ordinance; and previously the Company was present for the first step, which was the Resolution.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance granting an Economic Development Ad Valorem Exemption to The Software Specialists, Inc., 2500 Malabar Boulevard, Palm Bay, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing  for  an  annual  report  by The Software Specialists, Inc.; and providing an

effective date.  Motion carried and ordered unanimously. 

 

 

The Board recognized and presented Employee Longevity Recognition plaques to the following employees:  Lester I. Stewart, Utility Services Department – 30 years of service; Stewart Miller, Fire Rescue Department  -  25 years of service; Karl K. Thompson, Fire Rescue Department – 25 years of service; William C. Workman, Permitting and Enforcement Department – 25 years of service; and Robert H. Williams, Utility Services Department – 25 years of service.

 

 

Chair Voltz recognized Parks and Recreation staff member Jeff Whitehead and his staff for all of their field preparation and maintenance for games at Rhodes Park.

 

Jeff Whitehead expressed appreciation to the Board for its support, and his staff for all their hard work.

 

Commissioners Carlson and Colon expressed appreciation to Mr. Whitehead and his staff for their continuous efforts.

 

 

Commissioner Pritchard stated he met with Representative Poppell; it appears the County is trying to design a bridge around a catwalk; when he reads the resolution as proposed that is what it sounds like; and there needs to be a design/build bridge and separate and distinct from that would be catwalks.  He noted he has a problem with the resolution; passing it as it is is going to create problems with the Florida Department of Transportation (FDOT) and State funding; he does not want to do that and wants to insure that the revenue avenue comes to fruition; and he does not want to create any roadblocks, and he is afraid that is what this resolution is going to do.

 

Transportation Engineering Director John Denninghoff stated the biggest concern he has is perhaps some of the items having to do with the railing may not meet the Building Code; he has concerns about the cost of the installation; he has no concerns about the usefulness or desirability of having catwalks; and he supports it.  He noted it will be a heavily utilized recreational facility when it is in place and will be very popular; the biggest concern he has is FDOT; he does not know what its response will be; and it acknowledges that there are going to be catwalks; but it has not consented as to the exact location.

 

Commissioner Pritchard stated the problem that Representative Poppell has, and he agrees, is that the County is trying to build a bridge around a catwalk; and it does not work that way.

 

Commissioner Carlson stated she agrees with Commissioner Pritchard’s comments.

 

Commissioner Pritchard stated he does not have a problem supporting a catwalk, but has a problem supporting a bridge to be designed around a catwalk; and he has a problem with the resolution because it has design specifications in it. 

 

Commissioner Scarborough stated there has been a continual discussion about pushing the entire cost of the catwalk onto Brevard County as opposed to the State absorbing some of that cost; and it will be coming back at a later time.

 

Richard LeAndro stated with the railings the way the State designs them it is alright for bridge, but it is certainly not conducive to shrimping and fishing, and for handicapped people in the area; the height of the railings is an issue; he has shown Commissioner Scarborough all the pictures; and on the west side he is asking for double catwalks.  He noted there will also be a pavilion where people can get something to eat and walk around; and it will be a lot easier on the west side to have the double set of pilings.

 

Chair Voltz stated some of the issues Mr. LeAndro brought up are very valid and important, but the County does not want to hold up the project; and when it comes time for the catwalk Mr. Denninghoff can work with Mr. LeAndro.

 

Mr. Denninghoff advised the FDOT approach to the overall project right now is to combine the two projects and have the design/build team work on the bridge and the catwalk simultaneously; its intent is to follow the concept that there would be one catwalk basically sticking out from the east and west ends 400 feet, 14 feet wide; the railing has not been specified at this point; and FDOT’s biggest challenge right now is it would like to have the County guarantee the funds for it at this point, and staff has a problem with that in a variety of ways.  He stated the County does not know what it is going to get at this point; he has never been in a circumstance quite like this; this is a terrific facility that the County needs; but he has not been able to quite figure out how to get around all the little problems that are associated with it.

 

Commissioner Scarborough stated the bridge was dumped on the County; through a lot of people’s efforts, the State has taken over the bridge again; the $40 million is coming from State funds as opposed to County funds; and everybody knows the County does not have $40 million available to put into a bridge.  He stated the bridge is in a deplorable condition; the movement from the bridge to a catwalk adjoining the bridge was also moved forward; about 18 months ago the County heard from the State that it had to put some monies up on the catwalk; and it was backed off with some conversations with the Secretary of FDOT through Representative Poppell.  He noted at the local level, the District 5 level, DeLand level, it has continued to want the County to put up a full amount to pay for the catwalk; Mr. Poppell indicated they would try to make sure they limit the amount of the County’s contribution; certainly there is a recreational component, not a transportation component; and the District 5 level has historically taken the posture it will only spend its money for bridges and not for amenities to bridges where other Districts in the south have spent monies on a elaborate catwalks.  Commissioner Scarborough stated the State seems quite amenable to leaving the old bridge to the County; however, Parks and Recreation Department would have a bridge that is dilapidated, which could take millions of dollars  to  maintain; so  the  County would like to have that issue resolved as well; and he has a

call into the City of Titusville to see if it will take a stand and remove the bridge, and the catwalks could be moved with as much State funding as possible.  He stated a great advance has occurred; and thanked all the people that worked very hard to bring the County to this point.

 

Commissioner Pritchard stated he has no problem supporting a catwalk; it would be beneficial to the entire community; but one cannot build a bridge around a catwalk; and the bridge needs to be done first.

 

Chair Voltz advised she just received a message that Representatives Allen and Mayfield are working with FDOT for adjustments, and request the Board adopt the resolution.  Commissioner Scarborough stated an interlocal agreement will have to come to the Board very shortly; the whole issue is going to be addressed in the interlocal agreement because it talks about when the County puts monies forward if they are supposed to include the catwalks in the design/build; and suggested the Board defer the resolution until the whole issue is before it.

 

The Board reached consensus to defer the resolution requesting the Florida Department of Transportation (FDOT) include the design and construction of catwalks for the new A. Max Brewer Memorial Causeway Bridge, at their expense, to a future date.  Motion carried and ordered unanimously.

 

 

Don Brintle stated he has a problem with zoning in BU-2 area; he rents his garage to people; the County wrote him up because of working under a shed out back; and he has a six-foot high fence around it. 

 

Commissioner Pritchard advised Mr. Brintle has something similar to a pole barn; it has a roof, but not an enclosed siding; it is surrounded by a six-foot high privacy fence; and the type of work Mr. Brintle does there under the type of zoning requires that there be walls, but he believes there are always exception to the rule.  He stated in this case due to location, the six-foot privacy fence, nature of the work, and conceivably the inability of performing this type of work if it were an enclosed structure, he suggested he come to the Board; and perhaps it can address the situation as it does in so many other cases as being specific and unique to the property.

 

County Manager Peggy Busacca stated the problem is that the zoning requires that the work Mr. Brintle is doing has to be done in an enclosed structure and it is not being done; if the Board wants to allow this to happen, it needs to make this kind of activity a permitted use with conditions and lay out the conditions; and a zoning code change will be required, which could take several months.

 

County Attorney Scott Knox stated he agrees with Ms. Busacca. 

 

Planning and Zoning Director Robin Sobrino advised staff can prepare a report as to the nature of how this is not consistent with the Code now, what would be necessary, and some of the impacts so the County can determine how far reaching a Code change would be.

 

Chair Voltz and Commissioner Pritchard agreed with Ms. Sobrino’s suggestion. 

 

Commissioner Colon stated she agrees with what has been said; any action the Board takes with anybody has a rippling affect; and there should not be any action taken today and just get feedback from staff.

 

Chair Voltz advised Mr. Brintle that staff will provide a report to the Board on how this would impact the rest of the County; and everything stays the same for right now.

 

Ms. Busacca stated the Board did not abate the Code Enforcement action, so Mr. Brintle needs to continue to try and resolve it through Code Enforcement.

 

 

Mike Cunningham provided statistical data to the Board regarding the Micco community, and how it relates or more aptly does not relate to the rest of Brevard County; stated the greater Micco community comprises approximately 20,000 residents in 12 subdivisions; the community is growing rapidly; yet the United States Census Bureau says Micco has either 9,461 or 9,817 residents.  He noted Micco does not have normal telephone linkage with the rest of Brevard County and have been placed in an area code which stretches almost south to Palm Beach County; 9-1-1- calls are initially routed into Indian River County and then routed to the County’s emergency facilities for dispatch; over the years there have been instances where residents calling for help have been told that they must contact Indian River County; and Micco has been placed in a zip code which identifies it as being part of another county, which has caused Brevard County serious problems.  He stated residents of Micco are being identified as living in Sebastian; Micco has approximately 6,500 people who are carried on the identification rolls in Indian River County that actually live in Brevard County; it is ridiculous; and requested the Board listen to the residents of Micco, who are Brevard County residents, this afternoon when the item is heard.  He noted their welfare and quality of life is at stake, not that in another county.

 

Chair Voltz stated the issue needs to come before the Board and be addressed; requested Mr. Cunningham provide all the information to County Manager Peggy Busacca; and noted Ms. Busacca can put the information together as an agenda item as soon as possible.

 

George Theriault stated there was a newspaper article dated August 19, 2006 titled, U.S. Must Pay for Agent Orange; a case went before the United States Court of Appeals for veterans; the case was decided on August 16, 2006 to settle the claim that the Navy and Air Force personnel that served in Vietnam, but did not set foot on the land, were still exposed to Agent Orange and other toxic chemicals used in the war; and many veterans and their families have suffered greatly from their exposure.  He noted the American veterans went to Vietnam as in any other war; and requested the Board’s support and help to tell Congress to tell the Veterans Administration to get on the ball to help these veterans.

 

Commissioner Pritchard inquired what is it specifically that Mr. Theriault would like the Board to do.  Mr. Theriault responded he would like it to push Congress in order to ease some of the regulations that restrict veterans from getting their benefits, such as a resolution of support.

 

Commissioner Pritchard stated it is a very worthy cause; he believes in a presumptive cause, and if someone is performing a duty, such as protecting the United States, and he or she is subjected to any type of toxic element, then such person should be fully and wholly compensated for that; and encouraged the Board to take whatever appropriate action it needs in order to cajole Congress into supporting the intent of providing the appropriate amount of compensation, treatment, and whatever else it takes for those that have suffered the affect of Agent Orange.

 

Commissioner Colon stated County Manager Peggy Busacca can talk to Congressmen Feeney and Weldon; both of them are extremely supportive of the men and women in uniform; it is just a matter of joining forces; and she does not believe they would disagree with what is being said today, and taking it one step further with Senators Martinez and Nelson. 

 

 

 

Mary Hillberg stated her topic is shocking, and it angers her and appalls her; it occurred during the August 3, 2006 Board meeting, which was video and audio recorded as are all Commission meetings; in discussing items involving a zoning application, Commissioner Pritchard stated as the applicant was approaching the podium, “Get a gun”; this is either a recommendation to the application to resolve differences with violence or a description of what this Commissioner would do under similar circumstances; and she has a copy of the verbatim minutes of that section of the meeting completed by the Clerk to the Board’s Office for each Commissioner with the statement highlighted on the second page.  She stated audio evidence is also available of all the Board meetings that any citizen can get; for the County Commission to recommend violence to resolve citizen concerns is abhorrent; to recommend or approve citizens taking the law into their own hands is not included in freedom of speech; and it is rather condoning and inciting violent behavior from a position of assumed power, which, if such behavior does subsequently occur could be considered criminal.  She noted at the very least, such overt disregard for the law and the safety of Brevard citizens should be grounds for removal from office, in her opinion.

 

Chair Voltz stated she did not hear such comment by Commissioner Pritchard.

 

Commissioner Pritchard stated Ms. Hillberg never has and never will support him; she will do whatever she can to discredit and humiliate him, and will take it out of context; the property owner was very upset and anguished; and all he wanted to do was build his home, instead he is worried about criminal trespass and malicious mischief and even says so in the transcript.  He noted the applicant talked about people coming onto his property; the video that was taken  raised the issue about trespassing on his property, he was reminiscent of when Friends of the Enchanted Forest were advocating on their website, criminal trespassing, going onto construction sites after they were closed and taking photographs; and it is against the law and is a  felony.  He stated  he does not advocate violence, he advocates personal property rights, civil

obedience, self preservation, no criminal trespass, and no malicious mischief; people have a right to protect and preserve their property and their private property rights; and Ms. Hillberg’s comments are only paranoia and anxiety, he knows where it is coming from, and it will never stop.

 

 

 

Joan Wheeler stated it was advertised that there would be four baseball fields, lighting, two-story restroom, concession, meeting, pavilion, playground, benches, pedway, maintenance facility, parking, and restroom; there will not be a maintenance facility, which was $150,000; $78,880 for the engineering plans for Marina Park was taken out; and she is disappointed and tired of people badmouthing the Titusville Little League.  She noted the plans for the park included parking for the Marina; it seems the City has the option to do whatever it wants because it owns the property; the County has the money; and she is really disturbed at what is going on, who is causing it, and what do they want with Marina Park.

 

Commissioner Scarborough stated Marina Park is owned by the State of Florida and not by the City of Titusville nor the County; it has been dedicated to the City with restrictions that it be used only for recreational uses; the County’s original referendum provided for improvements for Little League to move from Sandpoint to that property after other fields were moved to the Chain of Lakes, which has occurred; and these improvements could occur at any time as the County has the plans.  He noted Ms. Wheeler’s issue is why the County does not proceed; it is under two restrictions with where it goes; the Little League itself has indicated that it may want to stay at Sandpoint Park because of changes at such Park due to construction of the new $40 million bridge; and it may afford the opportunity to keep them there and they appear to want to consider that option.  He stated the other option is the City of Titusville has two ways to expand its current Marina; it has had an ability to purchase slips from Westland Marina, which is a condominium development now; it is proceeding forward with that development; and that is still an issue it wants to consider.  He noted the other possibility is since it is in-filled land, City Attorney Dwight Severs has opined that it could perhaps expand its Marina, which is where there would actually be boats into Marina Park.  He stated there is also problems with launching of boats; it may afford a greater opportunity there; the discussion arose as to whether or not it would be a viable option; and they are in the black with the current Titusville Marina; however, any expansion raises the question would it have enough money to amortize indebtedness because the referendum monies cannot be used for that.  Commissioner Scarborough noted it has come to the County and asked if it would support the idea of understanding the dynamics of whether or not this would negatively impact their General Revenue cash flow; in other words, the average taxpayer of Titusville should not be subsidizing a wealthy doctor from Orlando having a place for his million dollar sailboat; under the agreement with the City, the County has entered into drafts of a Request for Proposal (RFP); and it may not have the word “draft” on it, but it is not an agreement, it has no validity until it comes before a body, is actually put out, and somebody is contracted to do something; so it is still bouncing around between the City and the County.  Commissioner Scarborough stated he will make sure the word “draft” continues on it; it was provided to Ms. Wheeler and others for their input so they could be a part of the discussion; nothing is final; and then the question becomes why does the County think it has to give the City $60,000.  He stated it is because the City approximately 17 years ago agreed to let the County extend  the  MSTU into  the  City; under  that  agreement  there  was  the understanding that the

County would take money from City residents and offer them County services to maintain parks in the City; it could if it wished to remove the MSTU and increase its General Revenue or have a separate MSTU and have its own park service; and the County has a duty that is a part of a contract to work with the City in the design of their parks.  Commissioner Scarborough stated the City has a legitimate question of whether or not they should expand into Marina Park; the County is trying to encourage comments and do the best thing; but once the County spends $1.5 million on Marina Park to put ball diamonds there, it is done; and it is wasting $1.5 million if the Little League says it prefers to stay at Sandpoint Park and the City sees an opportunity to use land, which it has been dedicated by the State of Florida.  He noted he would like to see everybody come together and work through the problem; and there needs to be a good dialogue to make sure how it ends is to the benefit of all concerned.

Henry Campbell stated he lives in the South Beaches and lives about 800 feet from the beach; he goes to the beach everyday; this last batch of dirt that was dumped on the beach is a problem for turtles; and it is not like sand, and is dusty.  He noted the other day there was a bunch of eggs on top of the sand; the turtles gave up; he does not know where the last batch of dirt came from; but it is not sand, it is dirt; and it is no good for the turtles.  He stated in the future somebody should be looking at this dirt that is being put on the beach.

 

Chair Voltz stated this is certainly something the County will review as it pays good money to have sand put down.

 

Commissioner Pritchard stated the County was told that the specifications for the material met or exceeded whatever criteria were necessary.

 

Natural Resources Management Director Ernie Brown stated the Brevard County standards for size, texture, and color are more stringent than State standards relative to projects for beach nourishment and dune nourishment; the projects for the most part last year and the year before were upland sand, but they still had to go through that same rigorous criteria that the State requires and the County requires, which is a more stringent criteria; there were a few areas where County staff had to turn around trucks because they did not meet the criteria; and it is possible that one or two truckloads were put on the beach.  He noted staff is not aware of any situation now where the quality of sand on the beach does not meet State standards; and it has to, by its permits, go in and till the sand in selected areas because it hardens up.

 

Environmental Management Director Virginia Barker stated she would like to get the area specifically and review it; the County contracts with two different turtle monitoring groups to insure that turtle nesting is not hampered by the project; as of the monthly report that just came a week and a half ago, the County has had excellent turtle nesting results on all of the dunes that it built; and she needs to review the area to see what is going on.

 

Mr. Campbell advised the area is Seacrest Drive.

 

The meeting recessed at 11:14 a.m. and reconvened at 11:30 a.m.

Chair Voltz called for the public hearing to consider a resolution vacating portion of unimproved right-of-way in Indian River Park Subdivision, as petitioned by Leonard Jones and Willis Haynes.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to continue the public hearing to consider a resolution vacating a portion of the unimproved right-of-way in Indian River Park Subdivision, as petitioned by Leonard Jones and Willis Haynes, to the September 19, 2006 meeting.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public roadway, utility and drainage easement in Morningside Heights Subdivision, as petitioned by Luis and Irma J. Feliciano.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating portion of public roadway, utility and drainage easement in Morningside Heights Subdivision, as petitioned by Luis and Irma J. Feliciano.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of right-of-way on Old Dixie Highway in Sections 19, and 30, Township 26S., Range 37E., as petitioned by Construction Engineering Group (Nathan Price).

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of right-of-way on Old Dixie Highway in Sections 19 and 30, Township 26S., Range 37E., as petitioned by Construction Engineering Group (Nathan Price).  Motion carried and ordered unanimously. 

Chair Voltz called for the public hearing to consider a resolution vacating portion of right-of-way on Old Dixie Highway in Sections 19 and 30, Township 26S., Range 37E., as petitioned by Pineda Park, Inc. (Steve Capeder).

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of right-of-way on Old Dixie Highway in Sections 19 and 30, Township 26S., Range 37E., as petitioned by Pineda Park, Inc. (Steve Capeder).  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Suntree PUD, Stage 5, Tract 59, as petitioned by Carl E. Ring.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Suntree PUD, Stage 5, Tract 59, as petitioned by Carl E. Ring.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Ordinance No. 02-45, Administration of Florida Building Code, Standard Housing Code, and Standard Existing Building Code to include Town of Grant-Valkaria.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance amending Section 47 of Ordinance No. 02-45, which established Article II of Chapter 22 of Brevard County, Administration of the Florida Building Code, the Standard Housing Code, and the Standard Existing Building Code, to expand the area encompassed to include the Town of Grant-Valkaria; providing for ratification of previously issued permits; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

Chair Voltz called for the public hearing to consider resolutions for Annual Solid Waste Disposal, Collection, and Recycling Special Assessment Rate; Solid Waste Impact Fee Rate; and Ratifying, Confirming, and Certifying the Annual Disposal, Collection, and Recycling Special Assessment Rolls.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners adopting a schedule of annual rates, assessments, and charges, to construct, operate, and maintain a Solid Waste Disposal System, against all improved real property within both the incorporated and unincorporated areas of Brevard County; providing for interest against delinquent assessments on improved commercial properties and adopting a schedule of special rates imposed at time of delivery for the County Fiscal Year beginning October 1, 2006.  Motion carried and ordered unanimously. 

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners approving the imposition of an annual Solid Waste Collection and Recycling Program Special Assessment for all improved residential real property and an Annual Recycling Program Special Assessment upon owners of improved real property for implementation of the Recycling Program for all improved real property within the Brevard County Solid Waste Collection and Recycling Program Municipal Service Benefit Unit and providing for interest against delinquent assessments on improved commercial properties for County Fiscal Year beginning October 1, 2006.  Motion carried and ordered unanimously. 

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners approving the imposition of a solid waste impact fee on all newly improved real property within both the incorporated and unincorporated areas of Brevard County, to help finance facilities required as a result of new development and new users, and providing for interest against delinquent impact fees on improved commercial properties for the County Fiscal Year beginning October 1, 2006.  Motion carried and ordered unanimously. 

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners ratifying, confirming, and certifying the Annual Collection and Recycling Program Special Assessment Roll for the County Fiscal Year beginning October 1, 2006 and forwarding the same to the Tax Collector’s Office for collection in the same manner as ad valorem taxes are collected.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners ratifying, confirming, and certifying the Annual Disposal Assessment Roll for the County Fiscal Year beginning October 1, 2006 and forwarding the same to the Tax Collector’s Office for collection in the same manner as ad valorem taxes are collected.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider an ordinance creating Parsley Avenue Road Paving MSBU.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to withdraw ordinance creating the Parsley Avenue Road Paving Municipal Service Benefit Unit, from the Agenda.  Motion carried and ordered unanimously.

 

 

Chair Voltz stated Attorney Richard Torpy has requested the item be tabled as he has not had a chance to review the Findings of Fact and did not know the item was on the agenda.

 

Assistant County Attorney Morris Richardson stated Attorney Torpy received the Findings of Fact last week; the record has been available for four months now; but Attorney Torpy never asked for it until last week.  He noted the Findings of Fact was just finished; and he realizes it has been four months, which is probably a little long for findings.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to table the resolution setting forth the Findings of Fact for Banana River Marina to September 19, 2006.  Motion carried and ordered unanimously.

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Waterway Estates, Fifth Addition, as petitioned by Clifford M. and Patricia L. Davis.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to withdraw resolution vacating  portion  of  public  utility  and  drainage  easement in Waterway Estates, Fifth Addition,

from the Agenda, as requested by Clifford M. and Patricia L. Davis; and authorized the reimbursement of $128.00.  Motion carried and ordered unanimously.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize staff to administratively approve the refund of educational impact fees for applicants in the future when all the qualifications have been met; and if a refund is administratively denied and an applicant wants to come before the Board, then he or she can make a citizen request.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution and execute Contract for Sale and Purchase and County Deed with the City of Melbourne for a parcel of land which is the remainder portion of a parcel acquired in conjunction with the Pineda Causeway Extension and Realignment Project; and direct the Planning and Zoning Office to initiate a small scale plan amendment to change the Future Land Use Map designation to Public Facilities and administratively rezone the parcel to GML-H.  Motion carried

and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase, Addendum, and Amendment with Azan Temple Holding Corporation, Inc. for properties necessary for the Pineda Causeway Extension and the realignment of the intersection of Wickham Road and the Pineda Causeway, contingent upon review by the County Attorney, including the notice provision to the Cell Tower Company.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase and Addendum with ETA Associates, Inc. for the Endangered Lands Program.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving the Findings of Fact approving the request for a rezoning of property owned by Siesta Mobile Home Park, Inc.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with the City of Titusville, Willow Creek Development, LLC, and FM Florida Land Company, LLC regarding various improvements needed in order to approve the Willow Creek Development.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept “The Finding of No Significant Impact” (FONSI) for the Format II environmental Assessments conducted for the CDBG strategy areas of Brevard County and all areas included in the Urban County Agreement; and authorize the Chair to sign form 7015.15, Request for Release of Funds from the Department of Housing and Urban Development.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission for the Office of Emergency Management to expend up to $1,747,875.00 from the Traffic Ticket Surcharge Fund as approved by the Intergovernmental Traffic Ticket Surcharge Advisory Committee on March 24, 2005, for radio system infrastructure upgrades; and authorize sole source procurement from Communications International, Inc., Vero Beach, to accomplish a turnkey 800 MHZ radio system upgrade.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a joint meeting with the Indian River Board of County Commissioners on October 25, 2006 at 1:30 p.m.

at the Indian River Community College, Richardson Center, Vero Beach.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, calling a special election on November 7, 2006 within the territorial limits of the Port St. John Advisory Board to determine  if  the  Port  St.  John   Advisory  Board  should  be  abolished; and  providing  for  an

effective date.  Motion carried and ordered unanimously. 

 

 

The Board reached consensus to table the citizen request of Glen Esterkamp concerning an ordinance restricting solicitation of business by throwing advertisements in yards and driveways, to the September 19, 2006 Board meeting.

 

 

The Board reached consensus to table the citizen request of Maureen Rupe concerning giving direction to the Natural Resources Management Office to identify County lands suitable for gopher tortoise relocation and to lead the way with an ordinance prohibiting tortoise entombment in Brevard County, to the September 19, 2006 Board meeting.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the citizen request of Alvin Joe Pauley for removal of the educational impact fee for Permit #MO174471 on property located at 4570 Serna Avenue, Valkaria, Florida.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the citizen request of William Sierra concerning refund of the educational impact fee for property located at 480 Wiltshire Avenue, S.W., Palm Bay, Florida.  Motion carried and ordered unanimously.

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Pine Island Lakes, Unit 1, as petitioned by Irving B. and Patricia M. Smith.

 

Hugh Beins stated he has a problem with the petition to vacate; the development was built in 1982; the land has been altered; and he owns two acres, the original property owner owned two acres, and then subdivided it over the last three years.  He noted it changed the boundary line, which took away the natural swale that was there; over the years the property owner built it up; the water comes in on his property; and it backs up into the front yard, which has a foot of standing water.  He stated the St. Johns River Water Management District owns 40 acres and 60 acres north of him for flood control; one inch of water on one acre gives 27,000 gallons; the property owners want to build a three-car garage; and it will go right across the easement.  He noted not only will the drainage be blocked, but his view will be blocked as well; and advised of his opposition to the proposed request.

 

Irv Smith stated he and his wife want to be good neighbors and have tried to do so; he understands Mr. Beins’ concern about views; but their house and their property stands between the Beins’ house and the view they would like of the lake; and he can understand their concern.  He noted he has a right to have use of his property; this is an unused easement; it does not impact drainage; and during the last storm season no water crossed that area at all.  He stated it is not a significant drainage easement; he is not asking for any exceptions to zoning, Codes, or any special treatment; he simply wants the use of his property that he and his wife paid a lot of money for; and this unused easement goes across the southern portion of it and will prevent them from building a garage there.  Mr. Smith stated he sympathizes with his neighbors in wanting the view; but it is his land, he bought it and paid a lot of money for it; there are no utilities that go through there and there is nowhere back there for utilities to go to; and it is a very innocuous little easement.  He advised his neighbors who are contiguous to that easement signed off on it and have no problems with it; requested fair use of his land; as long as he builds a garage within Code and zoning restrictions then his legal rights are to build a garage; and the easement that is there serves no valid use anymore.  He requested the Board’s support of the vacation.

 

Commissioner Pritchard stated the other opposition he received is from Mr. Hawkins; he is elderly and unable to make the public hearing; he indicated that the property in question for vacating backs up to the cleanest lake in the County; and by vacating the easement there could be some drainage problems by plugging up the easement and dumping stuff in the lake.  Commissioner Pritchard stated the Smiths own an adjoining piece of property and would like to join them together by vacating the easement; the County’s position on easements and the vacation thereof and drainage, many times it finds that the drainage that might become affected is drainage that is coming from a property that was draining across someone else’s land; he mentioned that to Mr. Beins yesterday; and when somebody builds something they find out their water is not leaving as it used to because the access has been blocked.  He inquired where does the County fall into this, and is it its responsibility to insure that someone’s historic drainage would continue if someone builds next to them and is managing their own water.

 

Transportation Engineering Director John Denninghoff stated there are two situations that apply; in the vacating process, County staff reviews it and receives comments; it has received comments from Road and Bridge Department; and it has no objections to the vacating.  He noted staff also specifically discussed the matter and reviewed it with Surface Water Improvement  Department, and it has no objections to it; there is a major project associated with

the lake that is scheduled to take place; when the permit is pulled to build the garage, the Smiths will also have to demonstrate that their lot drainage complies with the Code; and it would address the concerns that have been raised.  He stated based on that, he is not aware of any reason why the County would think or expect that there might be a flooding or drainage problem that would arise in this particular situation.

 

Commissioner Pritchard stated he does not see any reason not to grant the vacation; there are no objections from the County’s authorities; it is an unused easement; and there are adjoining properties, and the properties will benefit.

 

There being no further objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Voltz, to adopt Resolution vacating  portion  of  public  utility  and  drainage  easement  in  Pine  Island  Lakes,  Unit  1,  as petitioned by Irving B. and Patricia M. Smith.  Motion carried and ordered unanimously. 

 

 

Transportation Engineering Director John Denninghoff stated this exchange of property has a history to it; the parcel that is adjacent to the Government Center that is owned by the Dudas is about 3.5 acres was previously owned by the County; at County request, the property was exchanged for a 4.5-acre parcel that the County currently owns; and subsequent to that exchange, the Dudas filled the property and provided sewer service to it at expense to themselves.  He noted more recently, the County has expressed an interest in eliminating the out parcel that is now in the middle of the Government property that the Dudas currently own; they were not interested in exchanging again, simply because they felt that to do a straight up exchange after they had expended substantial sums of funds on the upgrading of the property, basically making it building ready, that they wanted to do a straight up exchange again; the last time this item came before the Board the discussion arose about the appraisals, the most recent of which indicated that the 4.5-acre parcel was now about $70,000 higher in value than the 3.5-acre parcel; and the Dudas were not interested in making that exchange and trying to level that out with a cash exchange to more or less compensate the County for that increase in value.

 

 Mr. Denninghoff stated in the discussion that ensued on that, the Board decided it would go ahead and proceed with the exchange in spite of that discrepancy in value, given the history of these two pieces of property and the expense that the Dudas had gone to to upgrade the piece the County would receive; based on that, staff completed negotiation of the exchange agreement, which specifies that the County would pay the closing costs as well for both of the properties and which would also require a modification of the zoning on the piece that the County currently owns that the Dudas would then receive; currently it is zoned GML; and they would not be able to utilize that and need to change it to a PUD of some sort.  He stated the need for the parcel on the County’s part is that the property will be located in the middle of the County  complex, with  the  Health  Department  being  constructed immediately to the east and

with a potential out parcel in  the  middle  of  some use, which might not be as compatible with the government uses as the County might like; and currently the property is being utilized on a regular basis as overflow parking for the Government Center.

 

Commissioner Scarborough stated the County is exchanging a larger parcel for a smaller parcel that when it was appraised resulted in a negative exchange of $70,000; however, the parcel the County would be receiving is to the northeast corner on Judge Fran Jamieson Way, while the other parcel the County would be releasing would be closer to the commercial development on Lake Andrew Drive; and there is a benefit in the County, even though the values are different, of having property that is adjacent to the Government Center that is already a part of the parking configuration.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the publishing of the exchange terms and conditions for land exchange between Brevard County and A. Duda & Sons of parcels in the vicinity of the Government Center in Section 4, Township 26S., Range 36E.  Motion carried and ordered unanimously.

 

 

Assistant County Manager Don Lusk stated the Board requested the item come back on today’s date; staff has brought it back just like it was approved on August 8, 2006 as it has no additional suggestions to the Board in terms of how it moves monies around so the County can keep moving on projects; so whatever suggestions the Board makes today, staff will have to ask the Board where it wants to cut in order to move forward wherever it wants to move forward; and staff has not stopped engineering on anything that could be engineered and planned.

 

Commissioner Pritchard stated Jasper Triggs would like to see the Senior Center move forward; he has asked if horses are more important than seniors, and why can the Board not resort to the use of commercial paper.

 

Chair Voltz stated she does not have any further suggestions.

 

Commissioner Carlson stated everything that was put in front of the Board previously is what she had okayed because staff’s recommendation was what it was; if anybody has any better suggestions that is fine and she would consider them; she has not received any suggestions; and she has the folks that are representing the equestrian community in the audience.  She noted there is so much money in the District 4 account; it had to deal with the dollars that were already laid out for Viera Regional Park; it did not have any other obligations other than that one; and POW/MIA Park and Pineda Landing Park were also obligated.  She stated those dollars to pay for that obligation were taken from the Pineda Causeway Boat Ramp; it was approximately $580,000; the outstanding amount for Viera Regional was $5.4 million; and the County had to basically take from the Senior Center, which is money that is now in District 4 because the Board said put it in Wickham Park.  She noted it had to take $1.18 million out of that  and  put  it  toward  Viera  Regional; the  only reason it did that is because it knew it did not

have enough money to actually build a Senior Center or a community center for that matter; $1 million was taken off of Wickham Park as well, leaving enough money to finish dealing with the Wickham Park issue of the Equestrian Center because that has been a long-term issue; and the other piece to all of this is that what staff has told her and what the Board is aware of is that the $19 million that it wants to bond, which is the excess millage of what the folks already said okay to, will help the County get some of that deficit paid, but it will not get all of it.  Commissioner Carlson stated it is $19 million, but the County has a bill of close of $40 million still to complete all of the parks just in the south area; so there is a huge deficit still even after that; the County is trying to prioritize things; and the only reason the Senior Center did not get a higher priority in District 4 is because it was not even thought of until earlier in the year when it was brought out that the County could not do anything in the other areas because the Board had okayed the Airport area and the Airport backed out, leaving the seniors in a lurch and so it looked for an area where it could find land.  She noted that also talks to the community center for the City of Melbourne, which is probably not going to be seen until the Senior Center is built; the County is dealing with a large population of folks in either scenario it looks at; the County looked at the assumptions and based it on a logical process that hopefully it will find some more money, but a Senior Center in and of itself will probably cost about $5 million, and it only has $1.2 million; and it would be replenished once the County gets the $19 million for District 4 and the other community center also has that price tag.  Commissioner Carlson stated the County has about $9 million less than it needs for Wickham Park alone, for the community centers the Board already said it is going to do, and the Senior Center it would like to be able to do sooner than later; anything else that is in Wickham Park needs to be finished; there is a lot of other stuff; and the County has also accomplished a lot at Wickham Park.  She noted the Equestrian Center was raised two years ago with the thought that immediately afterwards it was going to be built; and that is what the community understood.

 

Commissioner Colon suggested the Board leave the item alone; she understands what Commissioner Carlson has said; she respects it; and if this becomes a seniors against horses it will get ugly.  She stated she is trying her best to stay positive today; and she hopes everybody joins her in that spirit.

 

Chair Voltz inquired does the Board have to re-approve the item; with County Attorney Scott Knox responding negatively.

 

The Board took no action concerning reconsideration of approval of Interim Parks Referendum Construction Project Plan and Funding Allocations for the South Area Referendum.

 

 

Jennifer Fountain stated she has been dealing with this issue since November 7, 2000; she is a horse rider, horse owner, and horse competitor; she has been an advocate of help, not hinder; and she has been part of the solution and not part of the problem.  She noted the project on paper says it is 50% complete; it has had grass growing under it for the last three years; she has nothing but rhetoric, promises, backed-out contracts, and lots of paper, but no equestrian facility  to  train  her  beautiful  horses or board them; and requested the Board find the funds for

the project.  She stated it is not the horse owners against anybody; it is simply a project that was voted on in 2000, accepted in 2004, and has been stagnant since then; and she is not part of the problem.

 

David Palmbach stated there were on the record comments that any project that is underway with the referendum issues should be completed at a top priority; on May 16, 2006 staff reported to the Board that the Wickham facility for equestrian was 50% complete; at the August 8, 2006 meeting there were a number of Commissioners that discussed the concern of having a project begin and grass growing up in the middle of pipes, concrete, and lumber; and that is what is going on with the equestrian facility, there is nothing to show for it after a Contract was issued from a January meeting.  He noted the Contract with International Construction and Engineering, Inc. (ICE) was subsequently awarded about eight months later in the year; this is August 22, 2006 and no workers have shown up on site to begin the effort; something has to be done; and there has been quite a bit of discussion about the bonding issue and finishing the projects, and the voters approved it.  He stated there have been many issues before the Board in the past that have been over budget, but it has chosen to pass them; in January 2004 it unanimously approved a $1 million Contract for the barn facilities; it was approving cost overruns possibly without even within its right on this facility; and the $1 million was not going to finish the job.

 

Commissioner Carlson stated it needs to be a well run facility; if the County builds it it should build a quality facility as quality as it can with a budget it has; it needs to maintain it as well;  being able to maintain it will cost the County more to make sure it hopefully can get some of those costs out of that; and there have been numbers floated around, but nothing has been put in ink as far as she knows, and it is probably going to come later once the County establishes the fact where it is proceeding with this particular item, which hopefully will be positive.

 

Commissioner Pritchard stated if the County is going to use taxpayer money to create a facility then it is incumbent on the taxpayer to return as much revenue as it can toward the operation of that facility by the users.

 

Commissioner Colon stated she has no problem making sure that today the damages are paid for; this is one of many that are going to start coming, according to County staff; the County needs to stay focused; and it comes down to all these projects and not enough money. 

 

Commissioner Scarborough inquired which option is Assistant County Attorney Morris Richardson recommending.  Attorney Richardson responded the County either needs to go forward and issue a Notice to Proceed and know that it is going to cost it $2 million and it will pay ICE $319,000; or it needs to terminate the Contract.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve terminating Contract with International Construction and Engineering, Inc. (ICE); and direct Assistant County Attorney Morris Richardson to follow up with negotiations.  Motion carried and ordered unanimously.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, grant permission for staff to proceed expeditiously with Request for Proposals (RFP).  Motion carried and ordered unanimously.

 

 

The meeting recessed at 12:39 p.m. and reconvened at 1:37 p.m.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to solicit bids for the sale of the property located at 11480 Tropical Trail, 27-37-10-02-9 in District 4.  Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Settlement Offer from Shields Mott Lund Attorneys and Counselors at Law regarding settlement with the Great American Insurance Company and APM Construction Corporation for the County Service Complex, Palm Bay project, in the amount of $150,000 offered by the Great American Insurance Company.  Motion carried and ordered unanimously. 

Chair Voltz called for the public hearing to consider resolutions establishing and approving Fire Rescue rates and ratification, confirmation, and certification of annual fire services non-ad valorem special assessment.

 

Fire Rescue Director William Farmer advised the purpose of today’s meeting is the public hearing for the Fire Rescue Department’s rate resolution; approximately 90,000 mailers were sent out; and the Department received 277 letters back.  He stated in 2005 the City of Palm Bay filed a lawsuit stating that the special assessment for Emergency Medical Services (EMS) was illegal; in an effort to make sure that if the County did not prevail in that lawsuit, staff approached the Board and asked for permission to work on a different methodology to fund Fire and EMS; in working with the Tax Collector and Property Appraiser, the decision was made to present to the Board the idea of taking the EMS assessment and putting it above the non-ad valorem line on the property tax bill, in other words, change it from an assessment to a valuation tax coming out of the General Fund.  He noted in order to do this, the County had to make enough room above the line; the decision was made to move a portion of the Fire MSTU below the line and make that an assessment; on the property tax bill, the charges below the bold black line  are  non-ad  valorem  assessment  charges,  including Solid Waste, Stormwater, and EMS;

and above the line are valuation taxes.  He stated in order to move the EMS assessment above the line, the County needed to move an equivalent amount below the line in order to avoid any ceilings that there is on taxation above the line.

 

County Manager Peggy Busacca stated there is a Special Act that pertains to Brevard County and its municipalities; it does not pertain to anyone else in the State; the Act says that at no time can Brevard County increase its operating millages in any given year above 10% above what it had last year; and if the County were to take all of the costs of both the EMS side and the Fire side of the Fire Rescue Department, and put that into the valuation that is based on value of property, the County would exceed that 10% statutory cap.  She noted the options the County has are to figure out a way to fund the Fire Department; it was already told clearly by the court that it was not allowed to fund the EMS side the way it had always been funding it, which is a flat rate, regardless of whether someone used emergency services or not, and individuals were charged an availability fee; when a person had to actually use an ambulance, he or she was charged an additional fee; and in the case of the Fire Department, there is no fee when someone has a need to have the fire people come out.  She stated that meant that the full cost of that had to be made into an assessment; there is no one else in the State of Florida that, when it had to make these change in assessments, had to deal with a 10% cap; throughout the State, several other communities have had to make this change; and some of them have gone to assessments, but most of them have had the luxury, if they so wish, to say that Fire can be paid for through the valuation part or above the line.  Ms. Busacca noted everyone has equal access to fire; as an assessment, everyone will pay the same amount because they have the same access to fire; the other way is the way the County has been doing it in the past, which is to say that even though everyone had equal access to Fire, some people paid more; and it was not based upon their ability to pay, it was simply based upon their valuation of their home.  She stated because of the court finding, the County finds itself in the unenviable position of trying to fund the Fire Department; there are two options—fund the Fire Department or do not fund it; unfortunately, by State Statute, even though the County has notified individuals that there is a public hearing, it is not permitted today to change the assessment; and it is a yes or no question, yes the County is going to fund the Fire Department, or no, it is not.  She noted most assessments take about two years to put together; had the Fire Department waited for the court to come back, the County would have had about three weeks to put this together before it had to send out notification; because the Fire Department was proactive, it decided it was going to work on this for about eight or nine months as opposed to the two years; and it is not perfect, but based on the fact that the County had less than half of the time that it normally has to do an assessment, it is the best it can do.  Ms. Busacca stated staff has identified that there is a way the County can help people who are low income and who meet certain criteria; the Board has expressed a willingness to perhaps modify that criteria if it does not meet the requirements of the people who need to have this criteria met; unfortunately, there is staff upstairs trying to figure out what happens if the assessment is not passed and the Fire Department is not funded; and that is the bottom line.

 

Chair Voltz stated it is going to be a very difficult decision that the Board has to make today.

 

County Attorney Scott Knox stated the Legislature passed a Special Act in 1974, which puts a limit on how much revenue the County can realize in any given year beyond what it realized the year before; if it had $500 million in revenue last year it can go 10% above that next year; it cannot go above that amount though without a referendum; and that is the limitation the County is working under, and Ms. Busacca explained what the practical consequences of that are. 

 

Commissioner Colon inquired how is the County unique to any other community that is able to fund its fire department, and why are the options to fund the Fire Department or not.  Attorney Knox responded the Special Act is applicable only in Brevard County; there is no other county that has that applicable to it; it makes sense to the Legislature that passed it; and it passed a Special Act that applies only in Brevard County, and for whatever reason, that is what the Legislature did.

 

Chair Voltz stated she supported the 3% tax cap that everybody voted on several years ago by 85%, but the courts overturned it.

 

Chief Farmer stated staff is on the second floor in the Space Coast Room; and if individuals would like to take their tax information upstairs, staff can tell them whether their taxes are increasing or decreasing relevant to the County tax for single-family homes.

 

Commissioner Pritchard inquired how do the municipalities provide revenue for their municipal fire departments.  Chief Farmer responded most of them do it through their own general millages of their city taxes.  Commissioner Pritchard stated the municipality can do it ad valorem, but the County cannot.  Ms. Busacca responded the County could over a period of time; what has happened is that because of the 10% cap, there was not enough money left between the cap of where the County was this year and where it is allowed to go if it goes to the maximum; there is not enough room in there; it needed $20 million and did not have that much room; and the option is the County had to go below the line where the 10% cap is not involved.  She stated the other communities have probably had the fire rates on their General Fund for perhaps as long as the cities have been involved; they did not have to worry about this revenue flip, although other communities throughout the State have had to go through this same very painful process; next year it is possible that the County could begin to move the money back up into the ad valorem and take more pressure off of that assessment below the line; and it could gradually move more of this back to the property owner with the highest assessed value, not necessarily the property owner who can afford it, but the highest assessed value.

 

Commissioner Carlson stated the additional homestead needs to be clarified, and requested Ms. Busacca explain specifically how the residents can get the exemption, in addition, if they qualify.

 

Ms. Busacca stated the Board discussed last week the opportunity for people who met certain income qualifications; the County would look at the amount of additional money that has been charged to the people because of the EMS assessment in comparison to all of the taxes they would pay this year; if they paid $200 last year and $270 this year then that $70 would be forgiven  for  them; and  staff  has done the calculations for people who have a certain minimum

amount of assessment and have found that because of the other taxes actually going down this year that those people will have a tax break.  She noted the residents will see some reduction or should, unless they purchased their land new or made an addition to their home; the proposed millages will actually show a reduction, which will partially offset the additional assessment; and the County is encouraging the residents to go upstairs and look at that because they may find out that those two things have actually equaled out, and there is actually very little impact to them.  She stated the County is really trying to work this out.

 

Commissioner Scarborough stated the Board has been talking about this over several meetings; Chair Voltz set the stage when she said she had found out that some of the people most able to afford it are the ones that are getting the break, and the people least able to afford it are getting the impact; that led to the discussion of how to implement a methodology to help those persons who are most harmed by this event; and the Board did take an action.  He noted when people get the information they will get two pieces of information, including how the assessment and the tax work together; as other new cases arise the Board can adopt additional systems as the need comes forward; it is very cumbersome and very complicated; in the end the County is probably going to have to deal on a case-by-case basis; and it will be able to further develop and refine methodologies to try to make it work.

 

George Therialt inquired how much the fire services from the County cost the people, and what affect the extra $25,000 for homestead exemption will have on the overall tax bill.

 

Chief Farmer advised the budget for fire services is $35.58 million; and it includes the assessment, MSTU that still remains above the line, and the General Fund transfer for the Countywide Hazardous Materials Response Team.  Chair Voltz stated the Board has not discussed the affect of the exemption yet; it is going to be quite a bit of money if it passes it, but it is something it needs to review; and the County cannot base the money on the assessment, so it may not affect that at all.

 

Mortimer Rothstein stated insurance rates, water bills, gasoline, electricity, and food costs have increased; there are a lot of widows of men who have given their lives for this country and have medals galore; and they are given the golden shaft in their later life.

 

Harry Wallace stated he lives on a fixed income budget; he lives within a 10% a year increase in budget; and the County should be able to live within a 10% a year increase.

 

Edward Chandler stated the people understand there probably needs to be an assessment; the County assessed 14 submerged land lease boat slips located where he lives; such land lease holders are not arguing about assessments, but what the County assessed; and their concern is the condo submerged land lease holders are being assessed for an area that has no fixed property or facilities.  He stated the fire service special assessment on 14 submerged land lease boat slips appears illogical and unfair; requested the County remove the 14 submerged land lease boat slip areas from the fire service special assessment; and stated the 52 owners will pay up what they ought to for the other part of the assessment.

 

 

Bill Tolley stated the public should know it is an $80 million budget and not $35 million; there are user fees billed for ambulance service direct to users of about $13 million; so there is a lot of other money floating around there; and his point is there is a lot of money.  He noted it is incumbent on the Board to bite the bullet and go back to the drawing board.

 

Roy Fredbloom advised of discrepancies in the billing process for homes in Forest Lakes Subdivision; stated it is a regressive-type of taxation; the County can do better than that; and he would like to see some changes in the taxation, including fairness to people with lower incomes and lower property values.

 

Bill Brongh stated he lives at the Boardwalk in Port St. John; the residents were previously assessed at $341 per person, and it was reduced $241 per person; he has been there 20 years and seen a fire truck there maybe three times; so one condo is going to pay $500,000 for the next 20 years.  He stated the County is hitting the residents pretty hard with the assessment.

 

Mayor Carol McCormack stated the Town of Palm Shores do not know what this is going to cost the residents; she received a faxed copy yesterday of Memorandum of Understanding, but it is like signing a blank check; it really does not say what the Town of Palm Shores or the residents will be billed; and the Town and residents still do not have the answers they need to have.

 

Joe Ferguson inquired are all tax exempt properties such as churches, etc. going to be included in the assessment; with Chief Farmer responding negatively.  Chief Farmer advised the Board took action to exempt all properties that were not-for-profit that were previously exempt under the MSTU.  Mr. Ferguson inquired is it going to be annual assessment; with Chief Farmer responding affirmatively, with the understanding that there may be a general relief as room becomes available to move back toward valuation if it is what the Board chooses.  Mr. Ferguson stated one of the greatest Chief Supreme Court Justices John Marshall made a statement many years ago, where he said, “The power to tax is the power to destroy.”

 

Carlos Springfield stated the special assessment is beginning to undermine the Greenbelt Law; on a $500,000 house, the County is looking at a 50% tax reduction and a maximum tax for fire protection of $492; on a pole barn worth $500, a special assessment would be $280; and the County has shifted the burden from the rich to the low income.  He noted he can pay his taxes, but he also rents mobile homes to some low income people; for the last five years he has not raised the rent, even though the taxes have increased; and the County needs to watch out for the Greenbelt Law or everyone is going to go on a diet because they are going to starve to death.

 

Ralph White stated Grant Seaman represents approximately 1,400 residents in The Great Outdoors; and he will be speaking for them.

 

Lisa Brown, representing the City of Melbourne, inquired does the .6431 fire service millage rate apply to cities; with Chief Farmer responding it only applies to the three the County contracts with, including the Towns of Melbourne Village and Palm Shores, and the City of West Melbourne.

 

Barbara Davis urged the Board to vote no on the assessment; stated it is just a way to get above the cap; and the County needs to live within its budget and be fiscally responsible.

 

Charles Brownson stated he cannot afford the assessment; he will need to double his rental rates to his tenants, but nobody is going to pay it; he is a businessman and everybody assumes businessmen are rich; but the bank owns his building.  He noted there is no way for him to plan on anything; when he asks his tenants for more money, he loses them; and he might as well go out of business, and then the County will not get any tax money from him.

 

Arthur Floyd advised of his opposition to the special assessment; the County is wasting a lot of taxpayers’ money; it should take some of the money it is wasting and give it to the Fire Department; and he objects to his taxes increasing continuously, which have increased a lot more than his income level and retirement check.

 

David Hanchey stated the County has to fund the Fire Department; and inquired what does the .6431 millage rate fund.  Chief Farmer responded it funds part of the infrastructure for the fire service, and pays for the 60 firefighters hired for the ALS engines, maintaining the fire engine fleet, and renovation and construction of new stations; and .0008 mill is the reimbursement cost for the wildfires last year.

 

Merlin Tice, representing Nottingham Manor, stated they are a non-profit organization; and there is not enough information to make a valid determination on what is going on.  Chief Farmer advised County staff will get the information for Mr. Tice since it is multi-family; and the staff upstairs can only take care of the information for single-family

 

Robert Scorah advised of his protest the new fire and rescue special assessment; stated it discriminates against people with low income, those living in smaller homes, widows, and the disabled; and he believes the time has arrived that all taxpayers should say they have had enough and are not going to take it anymore.

 

Mary Beason stated the Town of Melbourne Village received the document date stamped yesterday; there is a meeting tonight and she cannot go before the Council with the document and say, “Okay folks, we are going to sign your blank check, Memorandum of Understanding, and your Fire Control Agreement”; and it is unfair.  She noted the Town and the residents have asked questions, but cannot get any answers; and they are fed up with it.

 

Chief Farmer advised that County staff has been to the Town of Melbourne Village three times; they have provided them with answers; and some folks have not liked the answers.  He stated the contract is marked “draft”; the cover letter talks about a spot to negotiate from; and that is what the County is doing with the Town of Melbourne Village.

 

Lee Feldman, City Manager of Palm Bay, stated the County has a flawed system of funding EMS and now it will be extending those flaws into the fire service; it needs to step back, look at the numbers, and ask the right questions; it also needs to stop holding onto the services it cannot afford to provide; and it needs to do the right thing and stop blaming others for its shortcomings.  He  noted  there  needs  to  be a Fire/EMS system in the County that is equitably

funded; and the only thing the City of Palm Bay should be held responsible for in this process is finally making the County obey the law.

 

Edward Bonner inquired will the assessment have to be paid all at once or will it be divided up; and stated and he lives in a condominium.  Chief Farmer advised that County staff will assist Mr. Bonner and provide him the appropriate information.

 

William Adams inquired is this new tax going to be on top of what he already pays, and will the $212 be on top of the portion he has already paid.  Chief Farmer responded negatively; stated Mr. Adams will not see a full impact of the $212 because there are other things that were reduced; and County staff will assist Mr. Adams concerning his tax bill.

 

George Louis advised of his opposition to the special assessment; stated it is not right; and the people are continuously being taxed.

 

Wilma Weglein, Chairperson of the Board of Trustees for Barefoot Bay, stated the fire assessment increase will definitely have a considerable bearing on the people of Barefoot Bay; this amounts to approximately $5,000 in additional taxes that the District will have to pay for this year; it affects the homeowners of Barefoot Bay as well; and with the residents having to pay over a 70% increase on their own home tax bills, the County can imagine the hardship this will cause them.  She advised a good portion of the residents are on a fixed income; some individuals only receive Social Security; and on behalf of the residents of Barefoot Bay and the Board of Trustees, she requests the Board reconsider this huge increase and do not vote for it.

 

Sandra Cossairt stated the $212 increase will severely hurt her financially; she is disabled and cannot work; and she cannot afford the special assessment.

 

Merlin Tice advised he talked to County staff; and the way it stands right now, he totally disapproves the special assessment.

 

Margaret Martin stated she has lived in Brevard County since 1953; the County funded a $8.1 million bond to finance the Stadium; it is funding $1.7 million on the Viera baseball facility; and if someone cannot afford fire protection then they cannot afford to go to a baseball stadium.  She noted there was a surplus last year; she takes personal offense that the County does not cherish wild land and considers it a liability; and it is presenting it as a liability to the townships.

 

County Manager Peggy Busacca advised the Stadium was paid for by the tourist tax; under State law there are limited uses for that tax; the only time that is paid for is when someone comes in and stays in a hotel or in some cases eats in a restaurant; and it is not taxes that generally people pay when they live here.  She noted the County is unable to utilize that for fire, so it is limited by State law.

 

Alida Hirschfeld stated most of the residents in the Micco/Barefoot Bay area are senior citizens and live on a very fixed income; they look to the County Commissioners to help them and not hurt them; she sees this as pure discrimination against the lower valued properties; and the County is lowering the higher valued properties and adding taxes to the lower valued properties. 

She noted something is very wrong with this picture; and inquired why is Brevard County discriminating against the south end of the Mainland of Brevard County.  She stated everyone should all be equally taxed, not just on the square footage of their homes, but on the property, values of the properties, acreage, etc.; and requested the Board not support the proposal.

 

John Panik stated his assessment is going to be increased by $71.81 from $121, which is a total of $192.81; he did not get a letter for his business, but he is sure the assessment is going to be a lot more than that; he had an emergency at his home; and the response team was really slow.  He noted he does not know what the increase is going to be for his business, but is sure it is going to be at least double or maybe even triple; and advised of his opposition to the special assessment.

  

The meeting recessed at 3:45 p.m. and reconvened at 4:04 p.m.

 

Nancy Eisele, representing Barefoot Bay Homeowners Association, requested the Board vote against the assessment as proposed; stated it is very inequitable for the residents; the two hurricanes have impacted their homes; and insurance has at least doubled, if they can get it. 

 

Robert Allan stated he is a 75-year old citizen living in his present home for over 50 years; and requested the Board deny the assessment as it is an outrageous increase of 295% over last year’s millage rate on his home.  He noted he has talked to other property owners in both Districts 2 and 3 to document the inconsistency of the assessment; the bottom line of Chief Farmer’s letter is to collect an extra $23 million for his staff of 187 personnel; and how he can justify $123,000 per employee is beyond any reasonable request that he can understand.

 

Chief Farmer advised the assessment generates $23 million; it is not generating an additional $23 million; this year it is $30 million, so the County is not increasing it by an additional $23 million; and it is not going from $30 million to $53 million.

 

Assistant County Attorney Morris Richardson stated there is probably some confusion because it is called a new assessment; even though it might not represent additional monies, it still has to be called a new assessment because in previous years it was not collected this way; it was on the other side of the flip and part of the ad valorem taxes; and now that it is a special assessment, whenever a special assessment is imposed that was not imposed before, the Statutes have very specific notice requirements.  He noted that is why the terminology is what it is in there and does not necessarily reflect that the $23 million is above and beyond what was collected last year; and it is a new form of collecting it.

 

Karl Krupp stated he received a letter indicating his assessment is going to be $341 from $221; it is not right and should be based on square footage; everyone should pay the same flat rate per square foot; and he has two manufactured homes at 1,277 square feet.  He advised a friend of his lives on north Merritt Island in a house that is valued at $1.1 million and is 6,000 square feet; he is paying less; and it is not fair.  He noted he feels the Board has betrayed the citizens of  Brevard  County; in  1999, the  impact  fee  for  new  home  construction  should  have  been

increased a little over $4,300, but it was not done for seven years; it is now at that point; and it should probably be more in line with Osceola, Seminole, and Orange Counties where it ranges from a little over $9,000 to almost $16,000 per house.  He stated it would pay for the Fire Rescue, police, and road construction that needs to be done.

 

Marie Bergamini stated she lives in Snug Harbor Lakes; some time ago the County took away the free ambulance service in that area; the residents had such service for 30 years; and the people of Micco paid for fire trucks and ambulances, and had fundraisers.  She noted all of a sudden everything has changed; most of the residents were assessed for $341; it is inconceivable that this should happen, and it is wrong; everyone has a budget; and it is up to the Board to change its budget.  She requested the Board not support the special assessment.

 

Grant Seaman stated he is a resident of The Great Outdoors Premier RV Golf Resort; he represents the Master Association; such Association opposes the proposed fire services assessment rates; and urged the Board to not approve such assessment.

 

Tom Schuller, representing Brevard County Farm Bureau and the agricultural community, stated a lot of people in the agricultural community are getting a lot of heartburn over this proposed increase; and provided copies of an agricultural impact study to the Board, which was done by Farm Bureau in Hillsborough County on the West Coast.  He stated the agricultural community is paying its fair share; some individuals’ taxes on agricultural properties are going to increase from $350 to more than double and close to triple; it is not equitable and is unfair; the Board has been great supporters of the agricultural community; and urged the Board to take a harder look at the proposed plan.

 

Billy Kempfer stated he spoke with Chief Farmer during the break; some of the agricultural communities’ working facilities for livestock have sheds over them to protect the livestock and workers from the sun and rain; there is nothing there to burn; and he believes the item will pass and there is no need to argue about equipment, sheds, and feed barns; and it is the areas that are not a fire hazard that he would hope would not be charged.

 

John Cook, representing Compsys, Inc. stated last year the Company paid a little less than $3,000 in taxes; this year the assessment is going to increase to $7,456; such Company is a small one; and requested the Board reject the assessment.

 

Jess Baker stated he has to live within a budget; the Board is responsible for having the County live within a budget; and urged it to vote no on the issue.

 

Alice Tisthammer inquired about the EMS rate, accounting process, vacant properties and Municipal Service Taxing Unit (MSTU); County, State, School Board, and Environmental Protection Agency (EPA) owned properties; and unexpected cash donations during the wildfires in Port St. John.  She stated her salary just increased two percent last year, but the taxes and gas prices are increasing; and she thinks she may qualify for low income housing pretty soon.

 

Jay Batchelor advised of his opposition to the proposed special assessment; stated the fire tax is too excessive and too high; the County should not be penalized for the overpricing of the Fire Chief’s budget; and such budget should be cut in half.  He stated next year there will be a special assessment on something else; many County residents are on a fixed and limited income because there has been no raises in their income in the last five years; the Board should be against the proposal as the new special assessment is excessive; and the lower middle class will suffer with increased property taxes.

 

Daniel Herlinger stated he has been around almost every hurricane and fire, and loves them; he also loves budget cuts; and suggested the County close every fire department, put up tents,  keep every fireman, and give them a raise.  He noted the County could go back to the old way; it does not need buildings; firemen need axes and can use water buckets instead of water hoses; and he is a good outsource.

 

Duane Wilson stated he has been a Brevard County resident for 20 years, raised his children here, and is now raising his grandchildren here; he has a small modest townhouse and is presently the president of the homeowners association for Americorp Townhomes; there are 68 homes there; and the assessment is $212 for each home.  He noted the residents are low and middle income people; the proposed assessment is not fair; there could be another solution to this problem; and suggested the assessment be divided equitably.  He requested the Board vote down the assessment.

 

Gregory Sakala stated the County is supposed to provide essential services, including fire, police, roads, etc.; it is supposed to be funded by property taxes; it is not supposed to be funded by fees and assessments; and everything below the line is not deductible from federal income tax, which is also another impact the proposed assessment is going to have on the average person.  He noted the County has money; it needs to cut some projects; it does not need marinas or parks; and the money needs to go toward fire services, police protection, and roads.

 

Scott Ellis stated Chief Farmer made it very clear in the February and July 2006 public hearings that the assessment was not going to fall equally on all homes in terms of what people paid before and what they will pay now; the lawsuit with Palm Bay was strictly over EMS ambulance; the Clerk’s Office had sent a letter to the Board about the illegality of the EMS charges from South Florida; and the Board had seen the same thing from Representative Mitch Needelman.  He noted the issue with Palm Bay had nothing to do with the fire assessment; there is still a property tax for fire that residents will have, which is fully legal for fire services; this flip generates more money for the General Fund; the General Fund millage is increasing by $40 million; and the County only needs $13 million to equal what the fire assessment was last year.  He stated by law, the Board does not have to do this and could have left the fire millage in place and used new construction money and a very small increase to cover the cost of EMS had it chose to do so.

 

D. Drinnon requested the County review the use codes; stated he does not qualify for any exemptions, so he is not going to get any relief through the process; and requested the Board vote against the current proposal, and give some thought to the cap that was put in place.  He stated property values are increasing; the County’s revenue is increasing; many people do not have that privilege; and they have to live within the budgets they have been given.

 

Mike Cunningham advised of inequities with the special assessment concerning various properties; stated equality is needed for a better methodology in making these assessments; there is a need for uniformity in Fire and EMS services; and all one has to do is ask a neighboring county what it is like not to have people that are cross-trained in those fields.  He requested the Board be fair to the people that are going to be affected the most.

 

Charlotte Carle stated practically everyone in the audience today has indicated the assessment is unfair and does not make sense; she lives in Summit Cove in Micco, which is a condominium community; the units are 882 square feet; and her proposed assessment would be $341.  She noted her community was in shock when they received the assessment; many of the residents are on fixed incomes; the method of assessment is grossly unfair and totally unequal; and requested the County rework the assessment so it will be fair, and people will be taxed on an equal basis.  She requested the Board oppose the special assessment.

 

Marlene Adams stated over the years, since 1997, her taxes just for Fire have increased almost 100%; it does not make any sense to her, like it does not anybody else; and inquired why is the County helping the people that can afford the assessment, but hurting the people that cannot afford it.  She stated the average age group of the people in attendance at today’s meeting is elderly and hurt by this; the other people that are hurt by this have to work and could not attend the meeting; the majority of the people here probably are not in the 3,000 square foot and up group that are getting the break; and the ones that are getting hurt are in the majority.  She noted the Board needs to see that it is hurting the wrong people and need to review this real hard before voting for it.

 

Dale Young stated he wants to commend Chief Farmer on his excellent letter of friendly government communication where he verified that someone either pays up or the County is going to sell their house.

 

Chair Voltz requested that issue be addressed.

 

County Attorney Scott Knox advised Mr. Young can blame the Legislature as it requires counties to put that language in the notice; and the County does not want to put such language in there, but it has to.

 

Mr. Young stated the issue started off today blaming again this fire assessment on the City of Palm Bay; the Palm Bay suit is EMS and has absolutely nothing to do with the fire assessment; what the fire assessment is about is a 10% revenue increase that the County wanted to get to; and that is the only reason to roll this fire assessment over.  He noted the County could go back to  last  year’s  formula  and  be  just  fine, except it would not get the 10%; it would have to stick

with maybe the 3% that people asked for; it needs to really tell the people what is actually happening here; and most of the assessment increases are in excess of 100%.  He stated the Board needs to think about what it is doing on this before it passes the proposed assessment; he thinks there would be a challenge if it tries to do that; and the fire assessment is unconscionable.

 

E. J. Green, Jr. stated per the Florida TODAY newspaper dated August 10, 2006, it said the taxable value of property in Brevard County has doubled since 2002; this would mean that the additional taxes that were voted for around 1999 have also doubled; the majority of the Board has the power to approve to disapprove the assessment at this time; and this will not be the last time the taxpayers in Brevard County will hear of special assessments, especially if this passes.  He noted this assessment affects tens of thousands of people in the County who are supposedly represented by the Commissioners; if this should pass and it is against the will of the taxpayers, would this not be a form of taxation by misrepresentation; and the taxpayers are not an artesian well of money for elected representatives to spend.

 

Walter Voigtlander stated his property has increased in valuation about five times or 500% as much as he originally paid for it; he has made no improvements to the property; the proposed increase is disproportionately hurting the lower income people, while individuals with larger homes are getting a tax break; and the assessment needs to be more equitable.

 

Clyde Thodey stated the firefighters are courageous people and he salutes them; he is present today because of taxes; when he received his tax bill he was concerned just like everyone else in the room was; and when he sees a Fire and EMS budget of $81 million, no one can tell him there is no fat in there.  He requested the County go back and review it; stated his electric bill, cable bill, telephone bill, and Nextel bill franchise fees, insurance, and property taxes have increased; now the County is increasing another area that basically he feels is absolutely incorrect; and it needs to adjust this, review it, and say it has a problem here as it is increasing all these taxes.  He stated it is a shame where the State of Florida is moving and everyone needs to sit back, regroup, and say how can they help each other; everyone is a team, are all citizens, and all part of this; and everyone needs to help each other out.

 

Eva Nagymihaly stated nobody is in favor of the proposed special assessment; the County should not have come here saying it is either/or; it should have been examined before; and there are options, including borrowing from the General Fund for the time being.  She noted Brevard County is a government of representation; the people should be allowed to vote on this issue; to her it is illegal and the people should not be assessed these large amounts of money; and the County is always going to need extra money, but what it has to do is live within its budget.  She stated people, businesses, and everyone have to live within their own budget; the Board has no right, because it is in a position to represent the people, to make choices that they have to live by that they cannot; the County must live by it; there are ways to decrease the budget; and $81 million is a lot of money.  She stated it is up to the Board to make sure that the proposed special assessment does not get passed.

 

Patrick Wharen requested the Board vote against the special assessment until the issue is thought through a little bit better and explained to the people involved.

 

Jim West stated he cannot understand why the fire departments cannot go back to have a chief at each station instead of having a bunch of people that is a waste of time; there used to be one district chief to take care of the problems; the ambulance service was on Contract with the County, but then the County turned it over to the fire department; and since then it has never been the same as it was when civilian people took care of it.  He noted Four Communities was one of the finest Fire Departments on U.S. 1; and the people in his area will be paying more money than those individuals with big homes on the beach.

 

Frank Buckoski stated one of his buildings will have a proposed increase of 129% over what he paid last year, which is a little excessive; it seems that the mentality of his government has gone astray; protecting the people has been for centuries the job of government; there is no more basic protection than fire; and why is the issue about how to fund a fire department being discussed in this meeting, as it should be one of the first priorities of all the money the County receives, along with police protection. 

 

 

The meeting recessed at 5:53 p.m. and reconvened at 6:00 p.m.

 

 

Roger Shealy stated there has been a lot of discussion about revenue neutrality; as everyone has seen today from the individuals that have spoken, it is everything but neutral; revenue is what the government receives; and everyone pays a tax bill, which is an expense to them.  He noted revenue neutrality implies that somehow to this County; what is happening here is a pure flip, that it is a wash, that it is neutral, but it is not neutral; the current General Fund is budgeted at $112 million and is going to $151 million; even if someone says the $14 million current year EMS below the line comes up above the line, that takes it to $126 million, and there is still a difference of $25 million.  He stated on top of that, $19.9 million of the MSTU is going to drop or go away; it is going to be moved below the line, but it is not going to appear as $19.9 million and is going to appear as $23 million; his overall point here is it is not revenue neutral to the County in the form of taxes; and everyone has been reminded by a number of people today of the essentials that government must provide to the citizens, and without question, fire rescue is one of those essentials.  He urged the Board to reject the assessment, move it back above the line into the General Fund, reassess it from a budgetary standpoint, and accomplish the needs.

 

Crystal Wenkstern stated it is unfortunate the County did not think this through and look at all the aspects before this evening; the proposed increase in the fire assessment for her two properties is $500.13; a lot of people thought this is a one-year assessment, but it is a continuing assessment; according to Florida Statute 590.01, it seems like the people are subsidizing vast vacant landowners that do not keep their property clean; and there have been wildfires, and it is the responsibility of the State Department to do this.  She noted the County is sending out Brevard County firefighters to do this; according to an email she received, it cannot be reimbursed for these expenses unless Governor Bush declares an emergency; the County should not be subsidizing these wealthy landowners; and she is talking about those individuals who own hundreds and hundreds of acres west of I-95.

 

Beverly Van Nostran stated she has been a homeowner here for 30 years and is a 67-year widow; her insurances and taxes are high; everything keeps increasing; and she lives on $1,100 per month.  She noted if the special assessment is approved, she is going to either have to get a reverse mortgage or sell her house; she used to work for the County; the biggest thing wrong with it is every year its budget comes due in October; and it gets so much money and has to spend that money.  She stated it is not only the County, but the School Board also; she has health problems and cannot work anymore; and inquired what is she going to do with $1,100 a month and all these increases; and stated she cannot handle it.

 

Commissioner Scarborough stated the County has talked about assisting people like Ms. Van Nostran.

 

Commissioner Pritchard stated for the past four years he has asked for a review of all County Department operations, including what it is doing, why is it doing it, and how much does it cost, but he does not get it; usually what he gets is what does he want to cut; however, that is not his job; and the Board could make a decision based on that.  He noted the issue he hears over and over is essential services; inquired can everyone imagine how many non-essential services the County has become involved with simply because it was someone’s idea at some point and then it just grew from there; stated the County cannot tax its way to prosperity; and it needs to reassess all of its operations.  He stated he has been hammering on funded vacant positions for the past two years; the buzz word is always the County does not have a revenue problem, it has a spending problem; and inquired why does it not really attack it and why not for once know it really attacked it.  He noted he supported moving the whole process with the assessment fee forward because he needed to see where it would go; he has seen where it would go and it is not good because it is affecting so many people adversely; some stories are heart-wrenching; and the County needs to be more humanistic in its approach, as well as realistic and it will help.  He stated the methodology that was used to develop this is flawed and regressive; it is a reverse Robin Hood; the County is robbing from the poor; every year he goes through the same budget drill, and it is the same answers, which is pretty much how much do we have and how can we spend it; and it needs to stop.

 

Chair Voltz stated the County has to fund the Fire Department and somehow or another it has to come up with the money.

 

Commissioner Scarborough stated Chief Farmer indicated he could perhaps look to $2 million or so in reducing his budget; those monies could be directly applied to those persons who are being negatively impacted; he would like to think there is some methodology that would be across-the-board that would be capable of being implemented; and going through the scrutiny of this issue is going to take a lot of staff time.  He noted there are probably going to be persons who are going to feel that they have not been treated fairly for one reason or another; some people may have medical reasons or other reasons; if there is an easier methodology the County should pursue it; and he believes it can be done.

 

Commissioner Colon stated one of the things she has clearly stated to the Board time and time again when she has not supported the budget is that it should not be spending the dollars; she was  always worried  County staff, deputies, and firefighters would get excited concerning raises

and the Cody Study when she knew the County would not have the dollars for it; it is taxpayers’ dollars; and the Board is going to have to make hard decisions that are very excruciating.  She noted she has voted against the budget plenty of times in the last six years she has been here; there comes a huge responsibility when people’s expectations are put at a certain level; it is important for the Board to listen to its constituents; and it needs to vote with its heart, which is putting itself in the shoes of its constituents and realizing this is a tremendous hardship.  She stated the Board needs to reconsider and figure out where the money is going to come from; there are going to be some hard decisions; she will not be supporting the special assessment; and the Board approved the letter and it was not Chief Farmer’s letter.  Commissioner Colon noted if there needs to be emergency workshops she is all in favor of it; this is an emergency and the County needs to regroup; and tonight to make any major decisions would not be right.

 

Commissioner Carlson stated confusing from each District’s perspective is the revenue neutrality issue; the Board has to bite the bullet and reduce the budget in some form and go back to the assessments; it has to pass what it has right now and has to be able to make up that shortfall in some other way than having to burden all the homeowners that cannot afford it; and as far as looking at the assessments as the County proceeds into the following year, it seems whatever it does to try to take that burden off it can potentially make up the following year by making sure the spread on those individuals affected is more revenue neutral.  She noted over the next year the County can probably do that; she is not sure it is equipped with stopping the process at this point because it will potentially be in contempt; and it could pass it with a caveat that it has to make it up in a reduced budget.

Commissioner Pritchard stated it is nice to have a plan of getting together, but there is no plan of what the County is going to be doing; so he will go back to his review of County operations, what, why, and how much, and does the County have wants or does it have needs; it is talking about essential services; such services to him mean police, fire, roads, and sanitation; and a lot of the other things the County has he is not too sure they are essential, but it has them.  He commented on the permitting process; stated it takes months or years to get a permit so that someone can construct what he or she wants to construct; to add insult to injury, the impact fees that just went into the commercial application is probably going to mean a few less of the commercial properties being developed; and that is what pays the freight.  He noted residential tax does not pay much of anything; what pays the freight is commercial development; if the County does not get the projects on the tax roll then all it is doing is just spinning its wheels for all the months of lost taxable revenue it could have; and he is not advocating paving the County, but what he is saying is when it has an opportunity to speed something up that is going to be appropriate and is going to enhance the tax roll so the taxpayer will hopefully pay less because County staff will have been diligent in taking a review of what it is it is doing, why, and the associated costs, then it has something to really talk about.  Commissioner Pritchard suggested funded vacant positions, allocated or not, be reviewed; and stated he does not know what else there may be.

 

County Manager Peggy Busacca stated even if it was $2 million or $3 million, which it is not, the County would still be looking at over $10 million in reduction of existing services; and staff can do all those things, but in order to do that, the Board has to understand that it is going to have to 

still look at sending out the TRIM notices again and going through the entire preliminary millage process again.

 

Commissioner Carlson stated if the Board passes the assessment tonight and did a combination of what she and Commissioner Scarborough are suggesting, perhaps the County can look at a line of credit to compensate it for the next year so it can assess the given schedule of fees right now, try to reduce them, and make them more equitable across-the-board, given the square footage of homes, etc. so it is not such a large burden.

 

Ms. Busacca stated the option as she sees it is keep the assessment as it is, try to make some accommodation, or keep the assessment the same next year and still increase the millage because the County has to pay back those monies that fund Fire Rescue.

 

Commissioner Colon stated it is up to the Board to decide where the cuts should be made and not the department heads; it knows what the needs are and it comes to the level of service that the Board wants; it has to decide where it wants to cut the level of service; and the responsibility lies on the Board and not telling the County Manager to decide.

 

Commissioner Pritchard stated the buck does stop at the Board, but it needs input and recommendations; when it comes to the intricacies of who, what, when, where, and why, that is up to County staff; it needs to come back to the Board and tell it where they think something can be done; and then it will be the Board’s decision as to whether or not it wants to affect a level of service by implementing the decision. 

 

Ms. Busacca stated it would be very difficult to get $15.4 million without impacting the Sheriff.

 

County Attorney Scott Knox advised the 10% cap on operating revenues set forth in the Special Act can be expanded if the voters approve it; the way the Special Act operates is if the Board passes a budget in which the tax revenues are more than 10% over the previous year then it puts a question to the voters; the question set forth in the Legislation is, “Shall the budget of the Brevard County Board of County Commissioners be final as approved the Governing Body”; and that is how the County avoids the 10% cap, if it chooses to do that.

 

Commissioner Scarborough stated he is willing to talk about all the possibilities of making this work, to cut, to reduce millages, and all of those issues, but that is not going to solve this particular problem; and this particular problem is more specific, unless the County is just going to talk about loans into perpetuity.

 

Commissioner Scarborough suggested continuing the public hearing to August 29, 2006; stated Attorney Knox can meet with Finance Director Steve Burdett concerning various options; and it would give County Manager Peggy Busacca and Attorney Knox enough time to come up with options and recommendations.

 

Chair Voltz stated somehow or another the County is going to have to fund the Fire Department; it is not a question; but there has to be another way in order to do it; there are not votes here for it to go through tonight; and it is going to be some tough decision making for the Board.

 

Chair Voltz stated when she supported the Cody study she said she was not going to support it unless the Board goes forward with it; it has built up too many people’s hopes for that; it would be a tremendous disaster if it did not go with the Cody study at this point; and she believes the County would lose employees.  She noted the jail needs to be finished also; the County is under a lawsuit for that; she does not know that there is any really big pots of money that it could go to to fund the Fire Department; but she is certainly willing to look at whatever it is that it might potentially have and be able to do at this point.

 

Chief Farmer inquired is the meeting on Tuesday to get together to find out how to fund the Fire Department or reducing the assessment; with Chair Voltz responding it is to see how to make it revenue neutral and how does the County fund it. 

 

Commissioner Pritchard stated the meeting is to see how the County is going to fund the Fire Department; and maybe between now and next Tuesday, staff and management can review everything, take a hard look at what it is, why it is, and what the cost of it is, and come back with a list of recommendations where they can at least discuss and evaluate.

 

Ms. Busacca stated the discussion is to someway fund fire without the assessment or alternatively, finding a way to keep the assessment and help people that have been egregiously hurt.

 

Attorney Knox stated it is his understanding that if the County finds a way to alleviate the problems of those who have expressed concerns about their ability to pay for whatever reason that the assessment ads that have been advertised will stay intact, subject to those exemptions.

 

Commissioner Scarborough stated he cannot vote for this knowing how would it negatively impact certain individuals in the community; the County’s problem is to find sources of monies to make it work; there may be different means of doing that; suggested County staff can meet with Mr. Burdett and come up where he could simultaneously vote on a motion that offers the relief; and if it is not, he will not be voting for it.

 

Chair Voltz stated the Board needs to know what kind of exemptions the County can give; and it does not have that information.

Ms. Busacca stated the Board wants options on exemptions; inquired does it want it on the ability to pay; and stated if that is acceptable, the Board could pass the assessment tonight; and staff can talk to it about the ability to pay.

 

Commissioner Carlson stated passing the assessment can be done on Tuesday; the Board can have all the information in front of it; suggested doing it based on the ability to pay and look for the money based on some sort of a cap of ability to pay; and the County is not going to do a carte blanche type of thing.  She noted it is an equality issue; the County also has to look at the homestead exemption that is coming up on the November ballot and see what the potential impact is going to be; if the Board takes an action on Tuesday it needs to have that consideration in there; and that may be a follow-on action.

 

Chair Voltz stated the Board is not just looking at this year’s budget; it has to look down the road and how what it does this year is going to impact the County next year; and if it reduces the budget next year because it has a lot of those extra homestead exemptions then it is going to need to know that ahead of time.

 

Commissioner Colon requested Attorney Knox and Mr. Burdett meet with each Commissioner prior to the August 29, 2006 meeting.

 

Chair Voltz stated County staff needs to review if it has to cut, how much it would need to cut; provide the Board with a list of where it would come from; it is the Board’s decision it needs to make where the cuts would come from; and then it needs to make the other decision.

 

Commissioner Carlson stated it is based on two scenarios, basically funding fire completely if nobody can agree on the assessment, and options on ability to pay scenario.

 

Commissioner Colon inquired would it be possible to review all the neighboring counties and show how they fund their fire departments completely, how much they fund, how much manpower they have, how much they are spending, and how much their budget is; the County would have to try to identify almost like a permanent solution where would it come from; and the Board needs to see some of those examples.

 

Chair Voltz stated the County needs to live within the cap; the 10% cap is quite a bit over and above; and it should be enough to fund the County from year to year.

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider resolutions for the establishment and approval of Fire Rescue rates and ratification, confirmation, and certification of annual fire services non-ad valorem special assessment to August 29, 2006 at 1:00 p.m.  Motion carried and ordered unanimously.

 

The Board took no action concerning the review of expenditures incurred to process the Grant-Valkaria August and September Rezoning Applications.

 

 

The Board took no action concerning the staff report on fares (rates) that were established by Resolution for vehicles for hire.

Upon motion and vote, the meeting adjourned at 7:20 p.m.

 

ATTEST: 

                                                                       __________________________________

HELEN VOLTZ, CHAIR

                                                                       BOARD OF COUNTY COMMISSIONERS

                                                                       BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

           (S E A L)