July 20, 2005

The Board of County Commissioners of Brevard County, Florida, met in special session on July 20, 2005 at 1:05 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley.

RESOLUTION, RE: SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS FOR
DENIAL OF REQUEST BY INDIALANTIC BEACH PLAZA, INC. TO REZONE
PROPERTY

Chairman Pritchard stated the resolution is setting forth findings of fact and conclusions; the Board does not take input at this point, but decides whether it is going to be opening this up and taking any input; Commissioner Scarborough was not present the last time and was not privy to the communication; and not everyone who attended the meeting had opportunity to speak because they left the meeting under the assumption that the Board may not get to the item that night.

Commissioner Voltz stated that is not necessarily true; Chairman Pritchard stated at the beginning of the meeting that the Board would not hear anything else because of all the people from Grant and Valkaria who were there; after the break a lot of people left who were in support; and it was not in the findings of fact because it was before the Board discussed the issue.

Chairman Pritchard stated he does not recall saying that and does not sound like something he would say, especially at a May meeting before a June break; perhaps what he said may have been misinterpreted; he does not believe he would have been that definitive; however, people were there, people did leave, and the people who left did not have opportunity to speak. He noted he is concerned if the Board does not have input from everyone who has concerns about this that it is setting up a poor defense should there be litigation, which he understands is forthcoming.

Discussion ensued on reviewing the DVD, findings of fact, health and safety issues; the Board making its decision based on the evidence in the record prior to this date or deciding if it wants to reopen the hearing, re-advertise, start over, and appropriate reasons to take new evidence.

Commissioner Scarborough stated if somebody thinks it is going to be a long agenda and does not know if the item is going to be heard or not, then he or she gets up at his or her risk; he cannot vote to reopen on that basis unless Assistant County Attorney Eden Bentley is able to say the Chair or somebody clearly made a statement that a rational reasonable person could rely on and left the room believing the item would not be heard.

Commissioner Scarborough stated the fact that the Board had a long meeting is not a justification for reopening the hearing.

Commissioner Voltz inquired if Attorney Bentley had to fight this in court with these findings of fact, does she believe the Board will win. Attorney Bentley responded it is never 100%; she would put it in the 75% range; she does not know what is going to happen when the County gets into a courtroom; and most lawyers who have practiced a while will say it is unpredictable. She stated she believes there are facts to support the Board’s position; there are facts contrary to the Board’s position as well; but the question is whether there is substantial competent evidence to support the decision made; and there are facts on that side. Attorney Bentley stated if it happened exactly the way Commissioner Voltz is saying, that could be somewhat problematic; however, four people have listened to the tapes, and the overall conversation was such that they do not believe there was a clear indication that the item was going to be terminated that evening. She stated 14 other people stayed and spoke to the item; and she does not believe the confusion was such that everyone was deprived of their opportunity. She noted she does not believe there is a due process problem as a result of it. Commissioner Voltz stated she will send Attorney Bentley that part of the video because it was said by Chairman Pritchard; and she does not want to see the County lose.

Chairman Pritchard stated a decision cannot be based on the emotion of the moment; the Board needs to base the decision on competent relevant facts; there are additional facts that need to be included; and there is opportunity to bring the item back, discuss it fully, and present a relevant findings of fact so there is something competent that will stand up in a court of law.

Commissioner Colon stated the Board gave an opportunity to both sides to present their best case; they did that to the best of their ability; and she is ready to make a motion to accept the findings of fact.

The Board directed Attorney Bentley to review the meeting video of the item and return with information to the Board.

*Assistant County Attorney Eden Bentley’s absence and Assistant County Attorney Shannon Wilson’s presence were noted at this time.

PRESENTATIONS

Court Administration

Acting Chief Judge Mitch Barlow provided an overview to the Board concerning the budget for Court Administration; and described Article V issues, Drug Court, Juvenile Dependency Program, Mental Health Court, maintenance of vehicles, new staff attorney position to assist judges, and one additional receptionist for County Court.

Court Administrator Mark Van Bever commented on judicial assistants, non-incarcerated cases, no tolerance violations of probation, and reduction in jail population.

Discussion ensued concerning Guardian Ad Litem Program, space needs, technical support, hardware and software issues, administrative support, additional judges, mental illness, and Sheriff’s Office.

Public Defender

Public Defender James Russo provided an overview to the Board concerning the budget for his office; and described attorneys who handle misdemeanor cases, reduction in jail population, State Attorney, Judiciary, technology funds, and network funding.

The Board discussed additional State attorneys, public defenders, and judges.

Sheriff’s Office

Maureen Rupe expressed concern on the Sheriff’s Office budget, Sexual Predator Unit, utilization of Citizens On Patrol (COPS) Program, and volunteers in Port St. John.

Sheriff Jack Parker advised the COPS Program has every potential and capability of being a fantastic program; there are some very dedicated COPS, but there are a few issues; and expressed concern regarding poor record keeping and background checks not being done on a majority of the COPS. He stated the Sheriff’s Office wants to have a great COP Program and is going to build it from the bottom up; and it is going to take a little time to do that. He provided an overview to the Board concerning the Sheriff’s Office budget.

Sheriff Parker commented on reduction of administrative and managerial wastes perceived in the Office; use of those dollars to fund critical and essential positions, including $1 million from budgeted managerial and support staff positions to fund 15 new deputy sheriffs and eight dispatcher positions; placing 15 deputies back on road patrol, not requesting additional funding for those positions, lifting of morale, elimination of non-essential take home vehicles, reduction of non-essential cellular phones and pagers, partnership with the Board in solving the overcrowding and jail crisis, erection of tents, critical infrastructure improvements at the jail, new construction standards, inmates with special medical and mental health problems, 700 new beds; inmates out working in the community, including cleaning roadways, and debris in waterways and rivers; overall law enforcement budget increase of less than 2%, jail budget increase of approximately 9% due to funding of correctional officers, Sexual Offender and Predator Program, and negotiations on collective bargaining contracts.

Discussion ensued concerning a sexual offender and predator task force, probation and parole, correctional officers, Florida Retirement System projected costs, law enforcement and correctional budgets, General Fund, overcrowded jail, court deputies, reduction in jail population, printing and postage of information flyers, hardware and software, black and white uniforms for prisoners, food and medical per diem, managerial staff, compensation packages, redundancy, COPS, recruiting and screening the right volunteers and holding them accountable, resource officers, volunteers and COPS for Records and Communication Divisions, Crime Scene Area Data, fingerprinting, and background checks.

The meeting recessed at 2:55 p.m. and reconvened at 3:05 p.m.

RESOLUTION, RE: SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS FOR
DENIAL OF REQUEST BY INDIALANTIC BEACH PLAZA, INC. TO REZONE
PROPERTY (CONTINUED)

Attorney Bentley advised in the middle of the discussion on resort homes, the Board talked about possibly tabling the back part of the agenda for another meeting the next week; Chairman Pritchard said to wait and see how it goes; Commissioner Scarborough said it might be advantageous to do it now; and discussion continued about how the Valkaria item could take a while and the Board could be here until the wee hours of the morning. She stated there was discussion about maybe having a second meeting; there was more discussion about waiting until the item was through; Chairman Pritchard said everyone could see where this may be going, maybe hearing the item, maybe tabling every other item except the 7:30 p.m. time certain, and to see where the Board goes. Attorney Bentley stated Commissioner Colon indicated to be fair the zoning people have been waiting months to have the items heard; and the Board would discuss it after hearing the next item. She noted staff has the tape if the Board wants to hear it.

Commissioner Colon stated the Board took care of it right there and then; it was not like it happened 20 minutes later or anything like that; the whole discussion happened; and the Board discussed that there were people who had been waiting a long time.

Commissioner Scarborough stated he does not believe from what Attorney Bentley said that there was anything definitive enough that would indicate the item had been tabled to a later date.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution setting forth the findings of fact and conclusions for denial of request by Indialantic Beach Plaza, Inc. to rezone certain property from BU-1 to RU-2-8.

Commissioner Voltz stated there were a lot of people who were not heard because of Chairman Pritchard’s statement; and this is not fair to them. She stated there might have been other conversations, but the last words were from him that the Board would have to wait and see. She stated the findings of fact are not true; some information is not correct; and the County will ultimately end up loosing in court.

Commissioner Carlson stated the Board will make sure it gets a status report on that particular case.

Chairman Pritchard stated he would like to know hours, costs, fees, and everything associated with the issue.

Discussion ensued concerning due process, petition signatures, opportunity to speak, findings of fact, cost to taxpayers, and litigation issues.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered; Commissioners Pritchard and Voltz voted nay. (See page for Resolution No. 05-172.)

Melbourne Airport Authority

Richard Ennis, Interim Executive Director of Melbourne Airport Authority, advised of a letter produced by the Airport Authority Chairman and mailed to the Chairman of the Board requesting the Board consider appropriating at least $100,000 to help assist in the Authority’s application of a small community air service development program grant funded by the federal government; stated there was a similar letter sent to the Mayor of the City of Melbourne; if the Board and City approves the funding, the Authority will match the funding; and the money will be used for destination marketing after the grant is received. He stated with $400,000 produced locally, the Authority will be applying for a $800,000 grant; such grant money will be used for revenue guarantees to the airlines; and the other $400,000 will be spent on destination marketing. He advised it enables the TDC to place all the dollars in the destination and market the area; and it is an opportunity to help the load factors coming into the area.

Chairman Pritchard stated the TDC has made arrangements for this. Tourism Development Director Rob Varley stated it is a good idea if the County is able to get additional air service.

Discussion ensued concerning flights from Melbourne International Airport, Melbourne Airport Authority working with the TDC, and leveraging additional dollars through the Authority and TDC.

PUBLIC COMMENT - THOMAS HARGRAVE, RE: SPACE COAST AREA TRANSIT AND
PUBLIC TRANSPORTATION

Thomas Hargrave, representing Interagency Council of Brevard Legislative Task Force, expressed support for the County’s public transportation system, Space Coast Area Transit; and stated the Interagency Council of Brevard’s mission is to enhance the quality of life for all individuals with disabilities living in Brevard County. He noted the Task Force is requesting an increase of $500,000 for SCAT’s future operational budget, which will allow expanded services throughout the County.

The Board discussed the Brevard Leadership Network, State Paratransit Program, handicapped and disabled persons, Circles of Care, transit services, dialysis patients, mass transit, and increase in ridership.

Transit Services Director Jim Liesenfelt provided additional information on fixed routes, day-to-day operations, Americans with Disabilities Act (ADA), vanpool services, transportation management services, and Medicaid providers.

PUBLIC COMMENT - MAUREEN RUPE, RE: PLACEMENT OF ADVISORY BOARD
APPOINTEES’ NAMES AND DISTRICTS ON BOARD AGENDAS

Maureen Rupe, President of the Partnership for Sustainable Future, advised that the Partnership requests the Board place the Advisory Board and panel appointees’ names and Districts on the Board agendas.

County Manager Peggy Busacca stated the names could be included when the document management system is in place.

Discussion ensued concerning qualifications, criteria, and requirements for appointees.

BOARD DISCUSSION, RE: FY 2005-2006 BUDGET

The Board and staff discussed unfunded program changes, suggested ways to save tax money, funded versus unfunded projects, hiring a legislative coordinator, transportation, salary and compensation, eliminating waste, reducing funding to non-essential programs, freezing vacancies, funded vacant positions, EELS Program, initial and annual recurring expenditures, proposed organizational structure, analysis from Bob Siemer, ad valorem taxes, Board agencies, COLA, insurance costs, new hires, promotional opportunities, merit increases, collective bargaining agreements, Florida Retirement System (FRS), adoption of tentative millage, solid waste operations, and Waste Management.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Utility Services Director and Solid Waste Management Director to provide a report to the Board in the next couple of months on a procedure if the Board desires to go out for bid for waste management services.

Commissioner Colon stated Waste Management worked extremely hard during the hurricanes 24 hours a day, seven days a week to get all the debris; and the Company could come before the Board to discuss the issues. She noted the Board can ask for accountability.

Commissioner Scarborough withdrew the motion and Commissioner Carlson withdrew her second to the motion.

Commissioner Scarborough suggested the Company meet with the Commissioners individually.

*Commissioner Scarborough’s absence was noted at this time.

The Board and staff discussed the feral cat program, community partnerships, spay and neuter program; health, safety, and welfare issues; funding for North and South Animal Shelters, enforcement issues, privatization of animal care centers, euthanasia, responsible and irresponsible pet owners, Humane Society, animal adoption costs, Society for the Prevention of Cruelty to Animals (SPCA), animal citations, land development review, reserves, Citizens Financial Report, and increasing stormwater fees.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve increase of stormwater fees to $14.00 per year to alleviate the flooding issues.

Commissioner Voltz advised she is not going to support the motion because she ran on no taxes and it is a tax.

Stormwater Utility Director Ron Jones advised the enabling Ordinance for stormwater utility requires a super majority vote of the Board, that being four members.

County Manager Peggy Busacca stated Mr. Jones indicated there is a possibility that the item could be done on Tuesday and it can be placed on the agenda for discussion. Chairman Pritchard stated that is fine.

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

ATTEST: __________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

____________________
SCOTT ELLIS, CLERK

(S E A L)