MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 14, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on December 14, 2006 at 1:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and Deputy County Attorney Shannon Wilson.

 

 

Chief Judge for the 18^th Judicial Circuit Tonya Rainwater stated there is a need for court space; there will be only one vacant Judicial Office upon completion of the most recent expansion of the Harriett T. and Harriett V. Moore Justice Center; however, even with that empty Judicial Office there are not enough courtrooms for every judge; and as a result, the judges are required to share courtrooms.  She stated due to the growth in the number of cases in Brevard County there has been a rapid growth in the number of judges needed to handle the cases and three judges will take office January 1^st in addition to two new judges that have taken office during the past year. She stated the County population continues to grow and with that growth the case loads continue to grow; and the Supreme Court utilizes a weighted case load standard for certifying the need for additional judges each year. She stated she received the current certification of need for additional circuit and county judges in the state, which included one additional circuit judge and one additional county judge for Brevard County, if those are funded by the Legislature, there will be a need for space for two additional judges a year from now.  She provided a copy of the court facility needs summary, which is based on the meetings; and stated the Court Stakeholders’ Group members recognize that space is needed immediately to accommodate the expected growth within the next two years, and that a south county full-service facility is unlikely to be completed within a three to four-year time frame. She stated the majority of the group agreed the County should proceed immediately to locate appropriate land for building a south county facility in the next four to five years; however, it is recognized because there is an immediate need that the final expansion should proceed.  She requested the Board to include immediate funding for the final expansion and provide funding over the next few years for a south county courthouse service facility. 

 

Commissioner Nelson thanked Judge Rainwater for the tour of the facility.  He stated he was impressed by how well laid out it was and with the professionalism of the Sheriff’s staff and Court’s staff.  Judge Rainwater invited the Board to tour the facility at any time.

 

Commissioner Scarborough inquired if the different elements of the court system are coordinating the discussion.  Judge Rainwater replied the Clerk’s, Public Defender’s, State Attorney’s Offices, and several private attorneys are part of the Stakeholders’ Group and have been taking information from all the stakeholders; and certainly with additional judges and additional court space there is a need for additional support staff space.  She stated she is specifically talking about the Courthouse needs as part of the expansion; it can be considered part of the space for the other offices necessary to support the court staff for the judges and, includes Clerk of Courts space and court staff space; it does not include Public Defender and State Attorney space in the current expansion; and those are things that will need to be addressed. 

 

 

Attorney Doug Beam stated he agrees with Judge Rainwater that additional court space is needed; and presented a petition to the Board on behalf of over 100 lawyers in Brevard County requesting two Circuit Court Judges in South Brevard similar the situation in Titusville.  He expressed belief that the Commission will find a way to give South Brevard space like Titusville has.  He stated citizens of South Brevard have to travel to Titusville to try cases; and requested the Task Force allow town hall-type meetings to allow input.

 

 

Assistant County Manager Stockton Whitten explained to the Board the items presented in the packets including the PowerPoint presentation, revision of procedure that would be a Policy if the Board chose to adopt, and a letter from the Supervisor of Elections received in the last few days outlining his concerns and needs in regards to his facility requirements.  He requested staff to focus on priorities in regards to facility space needs, roads and transportation, and beach renourishment; stated the Board has received memorandums in regards to financing; and they can take that off line and address, after the Board has determined what the priorities are, how to get there, and bring it back at a later date with the most cost efficient and effective way to finance. He stated information regarding fixed or variable rates can be dealt with and staff can bring back the best solution for Brevard County.  He stated with the Board’s approval of the current fiscal year budget, there were a number of dollars not allocated and it was the Boards plan to discuss what to do with those dollars beginning at the workshop; there is $1. 6 million set aside in Local Option Gas Tax (LOGT) revenues for the Board to address road construction, and $5.5 million in the General Fund that has not been allocated is up for discussion.  Chairperson Colon inquired if the $1.6 million is part of any other discussions the Board has had.  Mr. Whitten replied $1.6 million was part of the multi-year plan to relieve LOGT of some expenses so dollars could be freed up to bond out or finance road construction projects.  He stated in terms of capacities on the LOGT side, there is $31 million bonding capacity and that is where the Board is for twenty years in terms of LOGT remaining bonding capacity because approximately $4 million is utilized in annual debt service for LOGT; and if stretched to thirty years, it would be $49.3 million.  He stated under sales tax category the Board has $19.1 million that is a twenty year financing and under Commercial Paper is $15 million for six years.  County Manager Peggy Busacca added the money could then be utilized after the sixth year and bonded for either facilities or transportation needs. Mr. Whitten stated the $1.6 million is already in reserve and the $31 million will require a larger debt service; expenses are simply being moved out of the LOGT to the General Fund, freeing up more LOGT revenues to be bonded out or financed in some way.  He stated in regards to expenses that are not debt service expenses currently under the LOGT revenue source there is construction at approximately $1.5 million, SCAT receives a transfer of $845,000, survey receives $121,000, and MPO receives $60,000. He stated the Board needs to determine which functions would move to a General Fund expenditure freeing up that same amount of dollars under the LOGT to combine with the $1.6 million, debt service for twenty years is approximately $2.4 million.  Mr. Whitten explained it is the simple math of adding $1.6 million and $800,000 equals $2.4 million, so the Board can finance $31 million over twenty years. 

 

Commissioner Voltz stated she is confused; and requested Mr. Whitten explain it again in a different manner.  Mr. Whitten stated if $31 million is acquired in bond proceeds for twenty years, there is a debt service of $2.4 million and $800,000 needs to be added to the $1.6 million to give the debt service.   Commissioner Voltz inquired why the Board went with the $31 million rather than what could be afforded on $1.6 million.  Mr. Whitten replied it maxes out the LOGT capacity and it was his understanding it was the Board’s goal to the extent possible, to utilize LOGT revenues for road construction.  Commissioner Voltz inquired if $1.6 million is being put back into LOGT, then why not just bond out the $1.6 million to make it less than $31 million.  Ms. Busacca stated the Board could, should it wish to; and the reason it is being maxed out is because the need for St. John’s Heritage Parkway is $21 million, so the LOGT could be put all on one roadway and it could be completed.  She further stated the Board only has $1.6 million that it freed up by replacing LOGT with ad valorem and that had been the Boards priority to get for the Palm Bay Parkway during budget discussions; it is being brought to the Boards attention to free up an additional $800,000; and it would come up with other money to be used on additional roadways. Commissioner Voltz stated the $800,000 is not going to be an impact to the budget next year; and Mr. Whitten and Ms. Busacca agreed. Ms. Busacca stated when the Board went to the 10% cap it ended up with a certain amount of unallocated money, considered recurring dollars. Commissioner Voltz inquired if it is included with; Ms. Busacca responding it is.   Chairperson Colon stated she does not want anyone to have a false sense of thinking that these are new dollars.  Ms. Busacca stated this is the difference between the proposed budget and the 10% cap, which came out to about $5 million the Board identified it could put it to facilities, roads, or beach re-nourishment.  Ms. Busacca explained in the past SCAT, Survey, and MPO had been given money by the LOGT; the Board has previously focused on what was going to Road and Bridge for road maintenance; and she wants to make the Board aware those three are getting LOGT dollars that can be replaced with the money sitting there unallocated out of ad valorem and used to bond for additional road projects if the Board wishes.

 

Commissioner Bolin commented on the funds and how they added up.  Commissioner Scarborough stated Mr. Whitten only addressed the twenty-year amortization but if the Board could consider the thirty-year and get an additional $18 million, then why is the $31 million only being addressed and did the Commission make some decision not to go to get the additional $18 million.  Mr. Whitten replied the Board had not made a decision in regards to what amounts of the $2.4 million would be paid over twenty years; for the $31 million would simply be stretched over additional 10 years for the additional $18 million; and it is the same annual debt payment still open for discussion.  Ms. Busacca explained because of the cap that the Charter limits the $19.1 million, should the Board not wish to take some of the $800,000 in LOGT and move the ad valorem taxes to that, it will not be able to fund all of the money that is in ad valorem.  Commissioner Scarborough inquired about the cap, and is it applied to all bonding.  Ms. Busacca replied just sales tax.  Commissioner Scarborough stated bonding to LOGT for road projects is wide open; and there are a couple more things that the Board could have General Revenue pay for that LOGT is paying for, making more money available to be able to borrow almost $50 million from LOGT.

 

Chairperson Colon stated she knows the Board has been very specific about trying to get as much as it possibly can; there is only one shot at this; and that is where the savings are because they are today’s dollars. She stated as much as can be bonded is the way to go. 

 

Commissioner Nelson inquired if construction, SCAT, survey, and MPO dollars are all coming out of LOGT currently, and is there an option to move all those into the General Fund, which then instead of being $800,000 would be over two million.  Mr. Whitten explained the capacity under LOGT based on a current revenue stream is $7.5 million, which limits the Board to either the $31 million for twenty years or the $49.3 million for thirty years, so that is the capacity in terms of bondable amounts under LOGT; and all that is required to get there is the $800,000 transfer. Commissioner Bolin inquired if the Board take the $39.3 million, does the $800,000 factor need to be put in there also.  Mr. Whitten replied to do any of those the Board needs an annual debt payment of $2.4 million, so Commissioner Bolin is correct that the $800,000 has to be added to the $1.6 million.

 

Commissioner Voltz stated she is sure everyone has received the letter from Finance Director Steve Burdett regarding bonding and funding the road system; and personally she thinks it is the better way to go.  Ms. Busacca stated that is why Mr. Whitten stated the Board should discuss priorities.  Chairperson Colon stated she is glad it was brought up because she does not want to spend hours discussing and have a curve ball, but prefers to know where the Board wants to go right now without going any further.  Ms. Busacca explained if the Board’s priority is Palm Bay Road and the money is needed in the bank because of moving forward for land acquisition, then the money needs to be in the bank and perhaps bonding would be the best alternative; if the Board says it wants to take some of it for Palm Bay Road and some of it for another project which is further out, then part of it would go in the bank and part of it would not be needed for three or four years; that is why it is so important to know what the Board’s priorities are for roads; and then staff can come back with the help of Mr. Burdett, and tell the Board when the money is needed.  Chairperson Colon stated if the Board is comfortable with $49 million because the Board needs to know if that is what it is working with.  Mr. Burdett stated he spoke with the Boards Financial Advisor; the direction of comments received were the projects that appear to be on the front line are immediate projects; therefore, it would be wise to actually issue the bonds now; and that also takes into account that the interest rates are at a low so when comparing those rates with what is paid on commercial paper, there is not much difference.  He stated Mr. Moore’s suggestion is to bond it out now and get a fixed rate on it; and he concurs with that but he also had some comments on capital plan.  Chairperson Colon stated the issue is quite complex; and if there are projects that need dollars right now in regards to buying, those dollars have to be in the bank now.  Mr. Burdett advised the dollars actually do not have to be in the bank; financing of projects have more options than there were thirty years ago so it is not necessary to go out and issue twenty-year bonds today; and commercial paper can be accessed if that is what fits in with the project plan. He stated the funds could be borrowed along, as it is Board-approved, and pull down $2 million; and that is available to do the project.  Chairperson Colon stated Mr. Burdett hit on something when he said Board-approved; the Board of County Commissioners is sitting right now; but if the Board of County Commissions decides that a project right now in December of 2006 is a priority to the community, there could be a change of climate in the next two years.  She inquired if there is a risk, at that point, to say she would like to vote not to bond those dollars after there was a commitment to the community by the particular Board sitting here.  Mr. Burdett stated just because the Board bonds something does not mean it has to spend those funds there; a future Board could choose to not spend the bond money there and spend it somewhere else; and there is nothing legally keeping them from doing that.  Mr. Burdett stated there is no difference between bonding and commercial paper other than how quickly the Board is going to spend the money.  Chairperson Colon inquired when there is a project and it is paid for, is not the money owed, with Mr. Burdett responding it is owed for whatever is committed up to that date and the bonds have to be paid; but if only a mile of the twenty-mile road has been completed, he does not know that there is a legal commitment to finish the next nineteen.  Chairperson Colon stated the Board is in the business of finishing projects.  Commissioner Voltz stated her question is Mr. Burdett mentioned pulling out $2 million; the Board is looking at Palm Bay Road where there is a $15 million deficit; and inquired can the Board access $15 million at a time.  Mr. Burdett responded the best way to administer it is to decide what projects the Board wishes to do; then County Finance would go back and identify what funding sources are available; and if it calls for the Board to identify additional funds, then that is the direction Ms. Busacca will give.  He stated as far as issuing bonds or commercial paper, that is just a method of administering the program; and it does not tell that funds for commercial paper have to be used on this project verses another project.  He stated it just allows multiple ways of getting the funds to pay the bills but the Board is still going to do projects it approves.  Mr. Whitten presented the memo from the Financial Advisor; and stated he and Mr. Burdett agree, in terms of interest rates, the best way to go now is the long- term debt.  Mr. Whitten stated when a bond deal is done, those projects are set out in the Resolution and can be changed but it has to go through the Board and Public Hearing to change the Resolution; the bond holders have to be advised; and it is a more involved process to change the projects under a bond than it is under some other financing structure. 

 

Commissioner Voltz stated when looking at commercial paper verses bonding, incrementally they use $2 million now and $3 million later, and the Board uses commercial paper a little bit at a time until it needs the final project dollar amount; and inquired if that is more expensive.  Mr. Burdett replied it is not but issuing bonds, whether issued now or two years from now, is still going to incur the same cost.  Commissioner Scarborough stated one thing not addressed in the memorandum is the difference between short and long-term; and there is movements in long- term rates.

 

Commissioner Nelson stated his concern is some of the improvements the Board is talking about are thirty-year improvements; and some roads and structures may not have that kind of life expectancy for thirty years.  He stated right-of-way is owned forever and make sense spread out but some of the others may be quicker improvements; and that is a long time commitment of those dollars.  He inquired if there is any way of separating the two.  Mr. Burdett replied he is not sure what part of the expenditure would be right-of-way, but if it is a relatively small part, he is not sure that separating it out from the rest of the construction would be worthwhile because the Board would have to structure the bond differently.  He advised when financing a revenue stream, if it is broke up rather than having a constant amount, it complicates future financing.  Mr. Whitten stated he thought it would have to be two separate bond deals; and inquired if they can be separate; with Mr. Burdett responded it can be done.  Commissioner Nelson inquired about the life expectancy of resurfacing.  Transportation Director John Denninghoff replied most resurfacing is good for about ten to fifteen years.  Commissioner Voltz inquired about the resurfacing on Palm Bay Road; and requested Mr. Denninghoff find out who did the resurfacing and how much it cost.

Assistant Facilities Director Teresa Camarata stated in July the Facilities Department was requested to go back to Carter Goble who completed the 1988 Master Space Plan and 2004 Jail Needs Assessment and request a proposal to update the 1988 Master Plan.  She stated Carter Globle would like to provide a 25-year forecast for the County buildings and judicial facilities, including existing facilities, leased facilities, and proposed new construction.  She stated the Space Plan can be done in two parts including administrative and court space; the administrative space would include all the Board and Charter offices; and the Court Plan would include the Public Defender and State Attorney. She stated the Carter Goble proposal would cost the Board $195,000; and if done separately, it would be $135,000 for the Board properties and $80,000 for the Court Plan.  Ms. Busacca stated as the Board hears the list, it will find out the money is going to run out well before the needs, so the Board may think about this with a mind as to whether it wants to spend $200,000 on a study. 

 

Mr. Whitten stated Countywide Archives is located on the third floor of the Central Reference Library and has been at capacity for several years; the Library Services Department would like to utilize this space for its mandated programs and services; and there is a structural issue as the weight of the records is causing some structural issues. 

 

County Attorney Scott Knox’s presence and Deputy Assistant County Attorney Shannon Wilson’s absence were noted at this time.

 

Library Services Director Cathy Schweinsberg stated when they were required to do a Sunset Review of Brevard Community College (BCC) 22, which is the Records Management Program, they recommended that the responsibility for that program be transferred to the Historical Commission so the space on the third floor could be freed up for public library use.  She explained that the floor is cracking and no more weight can be placed on that floor according to the engineering study. 

 

Brevard Library Foundation Chairperson Adrian Laffitte stated the proposal is to use the third floor to house a Digital Inspiration Center.  He introduced Vice Chair Larry McIntyre, and Board of Directors members Pat Freeman and Harry McNamara.  He displayed a Power Point presentation explaining the definition, where the idea came from, the proposed site, renderings, and the roles and responsibilities of the Foundation.  He stated the bulk of the money would go towards the computer, software, licenses, etc.  Commissioner Voltz inquired about the purpose of a standing station.   Mr. Laffitte stated it would be used to check emails.  Commissioner Voltz inquired about the relaxing café.  Mr. Laffitte explained it is the same as the cyber café.  Commissioner Voltz inquired about gaming.  Mr. Laffitte explained there are computer games that teach kids typing, math, etc.  Commissioner Scarborough stated he is excited about this unique opportunity.

 

Chairperson Colon inquired about operations and the funds that will be needed; with Ms. Schweinsberg responding she does not know because they are not sure of software costs. 

 

Mr. Laffitte stated they are ready to take on the responsibilities of the archives; space will be needed; and there is space available in Byrd Plaza Cocoa, which is the current location not far from the library.  He stated many records in the County are being stored because space is full; and suggested the files could be pulled together in one location and a permanent facility should be considered because the current building is not built to current standards, and storms could damage the archives.  Chairperson Colon stated the Board has discussed that issue. 

 

Commissioner Voltz inquired when the re-acquiring costs begin; with Ms. Busacca responding as soon as the facility opens.

 

Commissioner Bolin expressed thanks to Mr. Laffitte for taking this project; and inquired if there are any other expenses perceived to take this project over.  Mr. Laffitte replied there is currently staff handling the archives so there will be no additional staff needed.  Mr. Whitten advised a lease payment and renovation of space will be needed.  Commissioner Voltz inquired if the space in Byrd Plaza has hurricane shutters with Mr. Whitten replying it does not.  Commissioner Voltz stated the Board needs to check into hurricane shutters being installed to protect the County records. Commissioner Bolin requested Mr. Whitten to put together a list of total estimates including shutters. 

 

Mr. Whitten stated in the current budget there are approximately $4 million in building renovations and major repair requests. He stated there are approximately $19.5 million in building capital projects requests and those are funded; and the $19.5 million does not include the requests that are unfunded for the State Attorney and Public Defenders new office and additional expansion of the courthouse.  Chairperson Colon inquired about the budget percentage for charter offices.  Mr. Whitten stated it is 40% of General Fund transfers of tax dollars not including MSTU.  Chairperson Colon requested a number from staff in regards to Constitutional Officers approving the budget and the impact that becomes part of the County’s budget and stated folks do not take the numbers into account that are divided up amongst the Property Appraiser, Sheriff, and Clerk of Court.  She stated her concern is discussing only the $19.1 million.  Mr. Whitten stated that was to give a sense of requests that have come in that are generally renovation and major repairs but the dollars are capped where they are.  Chairperson Colon inquired about needs such as air conditioning and roofs; and stated the Board expects another facilities workshop.  Mr. Whitten stated the request will be seen again during budget development.   

 

Commissioner Voltz stated she would like to see a list of the buildings and what the priorities should be.  Ms. Busacca stated staff would be happy to do that. 

 

Mr. Whitten stated the Moore Justice Center will be at capacity in February 2007; the Court Stakeholders’ Group believes that the three-year plan should be to expand at the Moore Justice Center on available acreage and reuse the existing expansion design; and the Court Stakeholders’ Group believes that historical and projected growth shows a need for a new south County court facility by 2012.  He stated there are two companies that are interested in either a donation of land to the County or a swapping of some existing County land for some of Bayside Lakes’ undeveloped land.  Commissioner Voltz inquired about the amount of land currently allocated; with Mr. Whitten replying the total site which is south of the parking lot in Viera, is about 30 acres and only a portion of it is buildable.  Chairperson Colon inquired if there were any figures in dollars; with Mr. Whitten advising the build-out is $4 million, and he will have more figures.  Commissioner Voltz inquired if the $19.1 million was per project and next year with the increase in the sales tax dollars could there be another $19.1 million for a different project.  Mr. Whitten replied yes, if they can pay for it. 

 

PRESENTATIONS, RE:  FACILITIES/SPACE NEEDS (CONTINUED)

 

Mr. Whitten stated the Detention Center is in the second phase of a three-phase jail expansion project; as of today $1,800,000 is needed to complete Phase II, which is the Mental Health and Medical Pod; $3 million is needed to complete Phase III, which are the interior modifications and capital improvements of the project; and a roofing consultant has estimated that it will cost approximately $3 million to replace the existing roof at the main jail.  He stated the Property Appraiser requested 2,500 square feet between Lake Washington Road and Palm Bay; and Property Appraiser has a need for a secure parking area at the Palm Bay Service Center and a space in the Building Department in Building A for one staff member. Chairperson Colon inquired about the cost, with Mr. Whitten responding staff does not have those figures.  Mr. Whitten stated the Property Appraiser just presented that in his most recent letter, either going newly constructed building or lease space, and he thought the preferred way would be leased space.  Chairperson Colon inquired what the average is per year on lease space; with Mr. Whitten replying approximately $25,000 would be recurring. 

 

Mr. Whitten stated the unfunded request in CIP is $21 million for a building for the State Attorney and Public Defender.  Public Defender James Russo stated ten years ago the Public Defender moved into the second floor of Building B; the office has grown significantly in the last ten years; and during that period of time instead of asking the Commission for more space, reconfiguring and moving people to space available was done. He stated approximately 15 months ago he met with the Commissioners regarding space needs; and over a year ago he met with County Staff to reconfigure the office to make it sufficient, but nothing could be done.  He stated he met again with the Commission in August regarding the space situation and was deferred again to County Staff; there are lawyers with no space available; and if nothing happens at the workshop, he may have to do something more aggressive or more affirmative.  Chairperson Colon replied with $21 million and advised she may have to go that route; inquired how to squeeze money out of a rock; and advised she is open for any suggestions.  Mr. Whitten stated the Public Defender’s office has literally expanded out into hallways and conference room space.  Chairperson Colon inquired if the extension was $12 million and if the Board cannot be extended any further with Ms. Busacca responding she believes so based on setbacks, but it could go up to the fifth floor.  Ms. Busacca stated the $12 million is out of thin air.

 

Commissioner Scarborough inquired who determines if requirements have been met.  Mr. Whitten replied in Mr. Russo’s case there is literally no space; the Article V issue states the Board is to provide space needed; and if Mr. Russo brings a suit against the County for what he feels is inadequate provision of space, the Court will decide whether the Board has met that Constitutional requirement.  Ms. Busacca stated there is always the option to move someone out of the complex; for instance, the tourism staff is moving out; and staff is using that opportunity to move the MPO, so space in Building A can be met.  Ms. Busacca stated the Supervisor of Elections may be willing to move out of the bottom floor in this building when additional space is found for him; and Mr. Russo will take that if there is no option but it will be very inconvenient to have his employees in two different places. She stated staff has discussed with the Sheriff moving out of the bottom of Building E but the Sheriff feels his presence is needed in Viera.  Commissioner Bolin inquired if it is possible to add a floor.  Mr. Whitten replied the buildings in Viera were not built structurally to add additional floors. Chairperson Colon inquired how many attorneys need a space right now.  Mr. Russo replied four or five right now and eight to ten very soon. 

 

Commissioner Voltz inquired what percentage of the sales tax has already been bonded out of the yearly revenue.  Mr. Whitten replied the capacity is over $100 million; and the Board has excellent credit, just not money to pay debt.  Commissioner Voltz inquired how much money the Board has to pay debt.  Ms. Busacca replied there is $5 million of General Fund and $140 million of capacity the issue then becomes how to spend the money; and the $19.1 million is what Charter says is for projects.  Commissioner Voltz inquired to where the $19.1 million amount comes from; with Mr. Whitten replying it was originally $15 million with an increase from inflation. 

 

Mr. Whitten stated the Sheriff’s office has submitted a capital projects request for the Criminal Investigations Unit, Crime Scenes Laboratory, North Precinct, Criminal Investigations Evidence Storage, South Precinct, and co-location of the Dispatch Centers and a 500-bed Medium Security Jail dormitory. Chairperson Colon inquired what is the cost for 500 beds.  Chief Administrative Officer Tom Jenkins inquired what is the cost of the medical facility.  Mr. Whitten replied $11 million.  Mr. Jenkins stated the cost will be $12 million or $13 million.  Commissioner Nelson stated a facility is being built for the Health Department; and inquired if this will free up any space.  Mr. Jenkins stated one particular location for the Criminal Investigation Unit was found in the Excel building in Rockledge; it is 45,000 square-feet; 20,000 square-feet are needed.  He inquired if the County would help pay for a portion of the cost to get into the Excel building because it is Central, Mainland, Criminal Investigation Unit and the Crime Lab, and it is a reasonably priced building.  Ms. Busacca stated Traffic Operations or other operations are able to use what is left in the building.  Commissioner Scarborough stated compatibility is a very important issue with this.  Commissioner Nelson stated all of the parties need to be together to discuss the backfill situation.  Mr. Jenkins stated the North Precinct is occupying a modular building that is eighteen-years old and was originally acquired to vacate the six-story courthouse for asbestos abatement. 

 

Mr. Whitten stated the State Attorney’s office current space is inadequate, it receives staff each time new judges are added; and space has been built into the lobby and common area space to accommodate current needs.   Chairperson Colon inquired to how many attorneys need to be accommodated.  Wayne Holmes representing the State Attorney’s office stated at the present time with the recent expansions and modifications made, everybody can be fitted in for the first of the year but there is no more room to expand. Commissioner Scarborough inquired if there is a benefit to adding space in Viera instead of expanding in the Palm Bay area.  Ms. Busacca stated there are still a lot of parts to be discussed yet.

 

Duwayne Ludgren representing the Supervisor of Elections stated it is unfortunate that the Charter caps that figure by the CPI; and when construction costs are going up substantially higher, it is very difficult to catch up.  He stated in 2008 for the first time in 52 years, both presidential parties will have a huge primary in the fall and they anticipate a very large election in November.  He stated there is enough land on the other side of the parking lot so there is no land acquisition cost involved with a building that might be built for the Supervisor of Elections; building plans from Pasco County can be modified slightly and be used with an architecture use fee rather than spending several hundred thousand dollars on a design; and it can be done reasonably quickly. He stated the Commission in 1999 took an action to get the Accuvote voting system and it has worked very well.  Chairperson Colon inquired about the cost.  Mr. Ludgren responded the cost based on an estimate is seven and half million dollars.  Commissioner Bolin inquired if storage is the primary problem.  Mr. Ludgren responded storage is a particular problem because there are several million dollars of equipment that needs to be protected, but it does not solve the problem during the elections.

 

The meeting recessed at 3:10 p.m. and reconvened at 3:30 p.m.

 

 

 PRESENTATIONS, RE:  ROADS AND TRANSPORTATION

Transportation Engineering Director John Denninghoff stated in the packet the Board was provided the attachments A and B for the list of transportation projects are backwards from one another.  

 

Sergio Muniz, representing the Platt family, stated the Platt’s are opposed to the Parkway being built the way it is planned at this moment; and it will have a devastating impact on the ranch and ranch, cattle, sod, and fill dirt operations. He stated if the Parkway is built the way it is proposed, it will dissect the ranch in half, and a mutually beneficial solution would be to align the road to the west of the property.  He requested the Board to consider the alternative.  Chairperson Colon stated the MPO has already approved the alignment; and inquired if the Platts would consider discussing with the County other possibilities.  Mr. Muniz responded his clients would be willing to do that.  Commissioner Voltz inquired if staff has tried to work with the Platts; with Mr. Denninghoff responding yes, there have been both formal and informal meetings.  He stated based on study information the Department of Transportation has generated, it would cause more problems to curve to the west where it intersects with U.S. 192.  Chairperson Colon stated staff needs to tell who all the players are who have been talked to interested in the alignment and inquired if it is proper to say that the consideration of eminent domain is on the table.  

 

Mr. Denninghoff stated the Constitutional - completed projects are Fairglen School Pedestrian Bridge, A. Max Brewer Causeway Bridge, Carpenter Road from State Road 46 to Fox Lake Road, Port St. John W. Connector from I 95 to Golfview, Mourning Dove Way from Windover to Turkey Point, Long Lake Drive from Windover to Turkey Point, Burkholm Road from Railroad Tracks west to end, Squires Court from Cul-de-sac, Squires Drive from Bedford Drive west to end, Wood Duck Drive from Quail Haven Drive north to end, Dixon Boulevard from U.S. 1 to Clearlake Road, South Tropical Trail Bridge, Girard Boulevard Bridge, South Courtenay Parkway from Magnolia to Fortenberry, Palm Bay Road from I 95 to Babcock Street, Valkaria Road from Goat Creek Bridge, Micco Road from Dottie Lane to U. S. 1,  Hollywood Boulevard from U.S. 192 to Fell Rd., Riverside Drive from U.S. 192 to State Road 518, Minton Road from Dottie Lane to U.S. 1, Pineda Causeway Extension, Barnes Boulevard from Fiske to Murrell Boulevard, Croton Road from Johnson Jr. High to Lake Washington, Mathers Bridge, Minton Road from Emerson Drive to Palm Bay Road, Babcock Street from U.S. 192 to Fee, Malabar Road from Corporate Park to Minton, John Rodes Boulevard from U.S. 192 to Eau Gallie, Ellis Road from John Rodes to West Melbourne, and Riverside Drive from U.S. 192 to State Road 518. 

 

He stated the Local Option Gas Tax completed projects include structural resurface of Burkholm Road from Railroad Tracks west to end, Ford tractor with mower, tractor and lowboy, hopper for sand bags, chipper, front end loader, roller for cuts, resurface King Richard Drive, Flake Road, East Hall Road from SR 3 east to end, and Chase Hammock Road from SR 3 east to end. He stated current projects in need of additional funding are State Road 46 and Holder Road for $1,000,000 for a traffic light to be added due to the amount of recent fatalities, $3,400,000 for Micco Road, $5,078,852 for Barnes Boulevard from Fiske and Murrell, $100,000 for John Rodes Boulevard and Ellis Road, and $4,800,000 for Wickham Road from U.S. 192 to Nasa Boulevard.  He advised construction projects to be completed in three years, if funded include $947,281 for Falcon Boulevard at Grissom Parkway, $1,337,186 for Curtis Boulevard at Grissom Parkway, $1,732,909 for Camp Road at Grissom Parkway, $535,000 for North Banana River Drive, $11,773,739 for resurfacing and reconstruction, and $5,856,465 for culvert replacements. Commissioner Bolin inquired which project needs quicker attention; with Mr. Denninghoff replying Lake Drive to Gray Road is the worst. 

Road and Bridge Director Billy Osborne stated large culverts in the County were photographed that were in desperate need of replacement; and when he visited with the Board members he showed the deterioration of culverts within each District.  Mr. Denninghoff stated John Rodes Boulevard is the second one most needed to be addressed.  He stated as far as resurfacing, portions of Wickham Road and Babcock Street are rapidly deteriorating.  He stated construction will be complete in five years if $13,765,443 is funded for Minton Road to become a six-lane road, from U.S. 192 to Malabar Road.  Commissioner Voltz inquired how much money would be raised if a penny gas tax was applied.  Mr. Denninghoff stated there are two different types of gas taxes; one that is called the ninth cents if the County was to apply the County would get all of that money and that is approximately $2.4 million a year; the other five penny gas taxes would be subject to be divided with the cities and the County would get about 47% approximately $1.1 million a year.  Chairperson Colon stated this is not something she would be willing to consider at this time.  County Manager Peggy Busacca stated the public does not know what the right-of-way is so the Board could be putting a great deal of the money into a very important project, but the public will never be able to say the County has done anything. Discussion ensued regarding gas taxes.

 

Commissioner Nelson stated he has a question related to St. Johns Heritage Parkway and people being able to see the improvements and spend $21 million involved in the Palm Bay Beltway which is not going to give a lot of visibility and there are several roads in south Brevard which are also on this list that probably will not be funded and inquired if better served in south Brevard at this point and time because donations and credits are being worked on.  Chairperson Colon stated this is the final project right now; but this is the result of months of discussion with the municipalities that have been involved regarding what is a priority to them. 

 

Mr. Denninghoff stated having culverts replaced before they collapse and taking care of intersections that need serious improvements would save the County money.  He stated the design and right-of-way for Babcock Street, from Malabar to the County line, would cost, $10,752,500; Hollywood Boulevard would cost $10,875,000; and Ellis Road, from John Rodes Boulevard to West Melbourne would cost $8,560,000.  He stated these projects could be completed in two to three years with a major update in six to seven years; and recommended the Commission look at funding that can be generated out of the current revenue streams.  He requested some sense from the Commission as to what priorities it would like to have staff look at so his staff can double-check cost estimates and fine tune with cash flow expectations to figure out what funding options might be the best to utilize and bring back to the Board at a future date.  She stated the Board has twice as many projects than what can be afforded.  She stated if the Board directs staff to not bother with design right-of-way and studies then they can move forward to beach renourishment.  Commissioner Voltz inquired if that would leave out Hollywood Boulevard.  Ms. Busacca stated it would.  Commissioner Voltz stated that is the number one project in her District.  Ms. Busacca suggested St. John’s Parkway, current projects, and Minton Road until another funding source is found.   She stated staff could have engineers give a technical list based on their perception of what is most likely to fail first or divide up by boundaries.  Commissioner Scarborough stated for safety reasons State Road 46 and Holder Road need to be addressed.  Commissioner Bolin suggested doing the St. Johns Heritage and the current projects.  Commissioner Nelson stated District two only has $2.5 million in projects, which is only two percent of the total, and he would like to see them funded even they are smaller. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve funding for the St. Johns Heritage Parkway in the amount of $21,610,000, S.R. 46 and Holder Road in the amount of $1,000,000, Micco Road in the amount of $3,400,000, Barnes Boulevard from Fiske Boulevard and Murrell Road in the amount of $5,078,852, John Rodes Boulevard and Ellis Road in the amount of $100,000, and Wickham Road from U.S. 192 to Nasa Boulevard in the amount of $4,800,00; and direct staff to schedule a workshop to discuss the remaining projects. Motion carried and ordered unanimously.

 

 

Mr. Denninghoff stated within the next year completed or under construction projects will include $10 million out of the Constitutional Gas Tax Bonds and almost $34 million out of the LOGT.  He stated currently the Port St. John West, the Pineda Extension and, ITS for the Wickham Road corridor which will help the traffic signals work better to allow more traffic are under construction. He stated the Hollywood projects will have designs in the works; Florida Avenue extension in West Melbourne is being helped with funding; and listed other roads being resurfaced throughout the County. 

 

 

PRESENTATIONS, RE:  BEACH RENOURISHMENT

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve beach renourishment funding in the amount of $15 million divided over six years; and authorize staff to initiate commercial paper.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the partnership with the Brevard Library Foundation to create, raise funds, and construct the “Digital Inspiration Center” at the Central Brevard Library and Reference Center, 3^rd floor; and approve revisions to Policy BCC-22, Records Management Program, to transfer the responsibility of the administration of the Records Management Program to the Historical Commission and fund the relocation of the records stored on the third floor of the Central Brevard Library and Reference Center by October 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Cost Share Agreement with Rockledge Fiske Apartments, LLC for the project formerly known as Tuckaway Lake Estates; and authorize the Chairperson to execute any related Budget Change Requests.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to direct staff to contact Dr. DiPatri and request Mr. Larry Hughes call in for the joint meeting scheduled for December 19, 2006.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz stated if the School Board decides to not hold a meeting, she would like to go forward with the $1 million the School Board has agreed to give Odyssey Charter School and negotiate out the rest; and inquired if that is the correct language.  County Attorney Scott Knox stated Ms. Busacca has spoken with Dr. DiPatri about what the School Board’s position would be if that matter came up; and he felt Ms. Busacca should be heard before making that motion.  Ms. Busacca stated Dr. DiPatri said Harold Bistline had been communicating with the School Board on this issue; he felt the School Board would be supportive of an agreement with the County that states the County would loan $1 million, which would be reimbursed to the County for impact fees; and there would be also a further agreement that the Board of County Commissioners would follow the procedure that is going to be outlined.  She stated the Interlocal Agreement will have to be modified between the School Board and the County for the Charter Schools to come back through a process rather than the process that was used for Odyssey Charter School.  She stated if the Board were to pay any more than $1 million, the School Board would not find that satisfactory and would move on.  Commissioner Voltz stated she does not want to cut off Odyssey at $1 million; she wants to allow them to go forward with the $1 million and obviously the School Board has agreed to it and with that not just look at the Interlocal Agreement but look at potentially negotiating with the school Board and Odyssey for further impact fee dollars.  Ms. Busacca stated based on her conversation with Dr. DiPatri,  the School Board would see $1 million as the final settlement.  Chairperson Colon stated if the Board authorized $1 million today, the School Board would still challenge the County because that would mean there is more than $1 million out of impact fees.  Mr. Knox stated the issue right now is the Board is in a dispute resolution process and in order to go through that process before any suits are filed by either side, the Board has to operate in good faith.  He stated to operate in good faith would be to comply with what was originally agreed to with the School Board or at least proposed in writing, and if that can not be done, then the next step is to go forward with the joint meeting.  Ms. Busacca stated Mr. Jordan’s letter said they would have the Board dates in January; and she contacted Dr. DiPatri’s office and gave three dates that would not work for the Board.  Chairperson Colon stated if the Board of County Commissioners approves a date and the School Board says it is not appropriate, then at that point the Board of County Commissioners will just have to make a decision. She stated she would like Odyssey at the table and not part of the audience.  Ms. Busacca stated it would be in the Florida Room, and there will be plenty of room.  Commissioner Voltz stated it was never her intention to stop at $1 million.  Mr. Knox stated that may be where it ends up but not today because the School Board has only agreed to the $1 million unless it is negotiated further, which requires another meeting.

 

Ms. Busacca stated the Board directed her to write a letter confirming the 19^th; she had that letter ready to go out when the letter was received from Mr. Jordan so that letter has not gone out; but she will add in writing what the Board’s direction is right now.

 

Commissioner Scarborough inquired if the $3 million could go into a bond issue where interest is paid the first six years, start amortizing at the end of the six years, and bring that amount of money current today instead of waiting the six years to pay off the commercial paper.  Ms.  Busacca stated it is a zero-interest mortgage for the first six years of the mortgage.  Commissioner Scarborough stated interest is paid for six years and the principal is not increasing, but at the sixth year begins to amortize maybe for twenty-four years, but that would allow the Board to borrow the full amount immediately. 

 

PRESENTATIONS, RE:  FACILITIES/SPACE NEEDS (CONTINUED)

 

Commissioner Nelson inquired how the space study needs are going to be addressed.  Ms. Busacca stated she keeps a list of all the questions the Board asks and then gets the information together so the Board can go to the next step.  Commissioner Scarborough stated the matrix needs to be seen of who can go to different places; for instance, he does not know if it is appropriate to have the State Attorney and the Public Defender in the same facility.  Commissioner Nelson inquired if it would be appropriate to have a work group that included someone from the State Attorney, Public Defender, Court, and County Staff to discuss the issues.  Chairperson Colon suggested Ms. Busacca get a Task Force together once she gets all her questions answered.  Commissioner Bolin stated she would like to see how much room is being used for the record keeping and if there is any more space for the voting machines.  Ms. Busacca stated it is easier to do it looking strictly at space than it is looking at the requirements that each individual understands about his or her operation.

 

 

 

 

Upon motion and vote, the meeting adjourned at 5:10 p.m.

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)