March 22, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 22, 2005, at 9:02 a.m. in the Government Center Commission 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, Interim County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Reverend Tom Quillen, Melbourne First Baptist Church, Melbourne, Florida.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of December 2, 2004 Zoning Meeting and December 14, 2004 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: WITHDRAWAL OF AGENDA ITEMS

Interim County Manager Peggy Busacca requested Item IV.A.9., Waiver of Vegetative Buffer Requirement for Buck Run Subdivision; and Item II.M., Citizen Request from Mike Snyder, P.E., Orlando-Orange County Expressway Authority Presentation on Current Status, Plans for Future, and Challenges, Benefits and Impacts to Brevard County be withdrawn for rescheduling.

The Board accepted withdrawal of Items IV.A.9. and II.M. as recommended by the Interim County Manager.

REPORT, RE: LETTER OPPOSING FDOT SETTLEMENTS WITH THE BILLBOARD
INDUSTRY OVER ILLEGAL REBUILDING OF NONCONFORMING BILLBOARDS

Commissioner Scarborough advised Commissioners should have received a draft letter dealing with billboards; there have been a number of editorials and questions on the issue; and if there are no other suggestions, he will move that the Chairman send the letter.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to the Federal Highway Administration requesting it intervene to ensure the Beautification Act is enforced, as Florida Department of Transportation is proposing to go forward with agreements that would allow rebuilding of two-thirds of the hurricane destroyed nonconforming billboards.

Commissioner Voltz stated she understands it is a done deal; the contracts have already been signed; and it would be inappropriate at this point to send a letter, so she will vote against it. Chairman Pritchard inquired what would be inappropriate; with Commissioner Voltz responding it is already a done deal; she talked to a couple of people in Tallahassee and locally, and it is already going to be done. Commissioner Carlson stated it is not signed. Commissioner Voltz stated from what she understands, Florida Department of Transportation and the billboard industry have already signed the contracts for settlement.

Commissioner Carlson stated she does not have any problem voicing the Board’s concerns about it, whether or not the contract is signed, as Brevard County has been out there, in terms of the billboard industry, trying to make sure, from its Ordinance’s perspective, that billboards that are nonconforming are not reconstructed. She stated if it was damaged by a hurricane, it is still nonconforming and should not be rebuilt; and whatever the deal is that was brokered with Department of Transportation, she is not aware of it, but will support sending a letter.

Commissioner Scarborough stated tourism is a tremendous amount of money that comes into the State; the attractiveness of this State has been questioned, from billboards to landscaping and cleaning up areas; it is part of having a place where people want to come and visit and spend their money; so it is an economic issue more than just an aesthetic issue.

Commissioner Voltz stated billboards are an economic issue in that people need to know where to go, what is out there, and need directions; and she does not want to see the highways become littered with billboards, but they are a necessary part of the economy.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

REPORT, RE: LEGISLATIVE ISSUES

Commissioner Voltz stated Commissioner Carlson is going to Tallahassee next week; and inquired if any of the rest of the Commissioners should go during the session regarding the EMS issue or leave everything up to their lobbyist.

Commissioner Carlson stated she can go with whatever direction the Board wishes to give her; she has the legislative requests under control and is planning to listen to whatever the legislative updates are with the Florida Association of Counties, then in the afternoon go and lobby the various folks for the County's concerns that the Board agreed to and included in its request.

Commissioner Voltz stated she heard from one of the Brevard Delegation members who said that Palm Bay hired a lobbyist and that lobbyist has been in their office at least three times; they have not seen the County’s lobbyist one time; so that is a problem. Commissioner Carlson stated communication is necessary; and the Board will be meeting with its lobbyist this week.

Chairman Pritchard stated he spoke to Mr. Thrasher last week after the Whitley Bay issue came before the Cabinet and again about EMS; he is quite confident about the Board’s position with EMS, but he would be most interested in hearing what has to be said on Thursday. He stated depending on that, the Board can revisit whether or not it should have two of the Commissioners in Tallahassee. Commissioner Voltz stated she is not planning to go next week.

Motion by Commissioner Scarborough, to authorize any Commissioner at any time to go to Tallahassee and lobby on things that were previously approved by the Board.

Commissioner Carlson stated the Board made that motion a long time ago. Commissioner Scarborough stated he wants to restate it as it needs to be based on an issue. Commissioner Carlson seconded the motion.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Colon stated in regards to that bill, in order to go anywhere, it has to get local support; and inquired if anyone heard anything. She stated one of the things that she did when they had a summit was to speak to the rest of the Delegation; and they assured her they did not know of anyone locally, other than the person who is bringing it forward, that is going to be getting support locally. She stated Senator Posey did it; they need to make sure they keep in touch with the folks; that was the commitment she received two weeks ago; and they cannot put their guards down.

REPORT, RE: PROBLEMS WITH TRASH IN THE SOUTH BEACHES

Commissioner Voltz advised trash in the South Beaches is being picked up and two days later it is out again; people are dumping trash everywhere; and she talked to Waste Management about the possibility of having an ordinance that when someone pulls a building permit, that person needs to also have a permit for a dumpster regardless of what company it is with. She stated if they have a dumpster, the County can be assured that trash is being properly disposed of and paid for, because now the County and Waste Management are going to the South Beaches and cleaning it up at the County’s expense. She stated the trash is being dumped on other people’s property or vacant property. Commissioner Scarborough inquired if the trash is construction materials; with Commissioner Voltz responding yes.

Chairman Pritchard stated he thought it was part of the permitting process that they had to have a container for the materials; with Commissioner Voltz responding she thought that also, but it is not happening and building permits are being pulled.

Interim County Manager Peggy Busacca advised part of the problem is there literally are not enough dumpsters to go around; there is a several weeks or months waiting period to get a roll-off container; so people trying to put their homes and properties back together before the next hurricane season have no way to get the roll-offs. Chairman Pritchard inquired about wire fencing to construct their own containment areas to throw trash into; with Ms. Busacca responding that is against the Code. Ms. Busacca stated once the trash goes on SR A1A, it becomes the State of Florida’s problem; that is why they pick it up off the right-of-way; and it would not be a Code Enforcement problem unless it is on private property. Commissioner Carlson inquired what is the solution; with Commissioner Voltz responding she does not know, and the number of dumpsters was the issue when she talked to Waste Management. Ms. Busacca stated that is what she has been advised.

Commissioner Voltz stated Waste Management said regardless of who put the dumpster there, they need to work hand-in-hand to make sure when a building permit is pulled, a dumpster permit is also issued. Ms. Busacca advised she will have Code Enforcement go down there and notify all the property owners who have the trash in front of their yards. Commissioner Voltz stated she understands they are going to have everything cleaned up by Tuesday of next week, but the staff will not know what it will look like after that. She suggested staff look at what they do right now as far as requiring dumpsters when building permits are pulled, and return to the Board with a report so it can address it.

REPORT, RE: COMMENDATION ON EMERGENCY MEDICAL SERVICES

Commissioner Carlson advised she has a letter from Don Bennett of the Bureau of Emergency Medical Services dated February 11, 2005, which says, “Dear Chief Farmer. Congratulations on your outstanding compliance monitoring site survey conducted by the Bureau of Emergency Medical Services on February 2, 2005. We found no deficiencies during our site survey. Your vehicles and service records were outstanding. Thank you for being a role model of excellence as an EMS provider in the State of Florida. Also please extend my sincere gratitude to your staff for their assistance and for the overall contribution to your service and community. Your continued support of EMS is deeply appreciated.” Commissioner Carlson stated there was an email from Chief Farmer to his staff which was great and starts out saying, “Well Done. We had a State inspection for an agency that answers more than 65,000 calls, has more than 300 employees and 45 frontline ALS vehicles, and got 100% across-the-board. This is an incredible example of how great a service you provide and the hard work and training sessions of EMS. Thank you all and again, well done. Chief Farmer”. She congratulated the EMS Department for doing a great job.

REPORT, RE: REDUCTION IN FEDERAL BUDGET

Commissioner Carlson stated Chief Tom Jenkins will be getting a report back to the Board regarding reductions in the Federal Budget; he sent a memo to Theda Roberts, the Board’s Legislative Coordinator, on February 18, 2005; and it listed how the County might be impacted, but no dollar amounts; so she would like to make sure the Board gets that information.

Interim County Manager Peggy Busacca advised that information has been requested.

REPORT, RE: TIME CERTAIN FOR AGENDA ITEMS

Commissioner Carlson requested Items VII.C.3 on the Mid Reach and VII.C.2. on the TDC and other Mid Reach issue, be included with the time certain at 10:30 a.m. She stated since the Board is going to have that thought process, it might have people here who may want to talk about both issues.

Chairman Pritchard stated that is not a problem.

REPORT, RE: APPOINTMENTS TO EELS RECREATION AND EDUCATION ADVISORY
COMMITTEE

Commissioner Voltz advised she sent in late appointments to the EELS Recreation and Education Advisory Committee, and would like to appoint Mark Nathan and Eve Owens.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Mark Nathan and Eve Owens to the EELs Program Recreation and Education Advisory Committee with terms expiring December 31, 2005. Motion carried and ordered unanimously.

REPORT, RE: GREAT BREVARD DUCK RACE FOR CROSSWINDS YOUTH SERVICES

Commissioner Colon stated the Board is blessed to have Jim Ross here who will talk about the duck race and advise the Board of what Crosswinds is all about.

Jim Ross stated on behalf of Crosswinds President Jan Lokay and the Board of Directors of Crosswinds, it is his honor to be here today; and congratulated the Board on all that it has done to develop one of the best communities in America to raise children and to live. He stated his wife and he have two children; they looked all over the country for a place to live; and they feel Brevard County is one of the best areas. He stated one of the parts that makes it such a wonderful community is a concern for children that the community has; and the Board has done a great job in making children a priority. He stated Crosswinds Youth Services is a nonprofit organization that in April will celebrate its 31st Anniversary; it was born out of tragedy; at that time there were a number of young people who came up missing; it was determined each were runaways; and tragically their bodies were found in a grave near Canaveral Groves. He stated at that time the community go together and said never again are they going to allow that to happen; so for the past 31 years the community has worked through Crosswinds to help young people grow up, be safe, and get through the challenges that are so normal today. Mr. Ross advised they keep hoping that the needs of society are going to get less in terms of helping children, but the facts are they keep getting greater; over the past four years, they have seen an unbelievable 350% increase in the number of young people in Brevard County asking for and receiving services from Crosswinds; and that is just in four years. He stated four years ago they served 1,200 children; last year they served over 4,200 children; the needs of society unfortunately continue to get greater and greater; and thanks to the Board’s support, Crosswinds is able to continue to be there to serve all the children and offer them programs that are needed to help them reach adulthood and become productive law-abiding citizens. He stated the Great Brevard Duck Race is a fun event; it benefits a serious cause; all the profits go to Crosswinds; and this is the seventh year of the race. He stated the Board has been so supportive of the race even though he knows some members are disappointed that they have not won; but they wish to thank the Board for its support. Mr. Ross advised the campaign starts right now; there was a wonderful article in Florida TODAY last week about it with all the rubber ducks pictured; they received television and radio coverage as well; and the race will be held on April 17, 2005 at the Indian River Festival in Titusville, with the campaign going on throughout the County until then. He stated people get involved for a number of reasons, one of which is it helps a great cause; secondly, it is a lot of fun and they can be kids again; and listening to weather forecasts and storms, when they are in a duck race, they do not get depressed because that is a great day for ducks, so they look at life in a different way. He stated the third reason people get involved is the great prizes; those are donated by wonderful community-minded businesses; the community too seldom gets recognized for the wonderful job they do in building this great community; so he wants to thank them for all they have done and recognize them for the prizes they have given. He stated the grand prize, when they got it the first time, they were told it was the only time they would get it, but each year they give it to them again; and it is a thrill of a lifetime Nascar Pepsi 400 package for Daytona Club Exclusive Memberships for four people to the July 2, 2005 Pepsi 400 and all the qualifying races. He stated they are four of the best seats in the house; they do not sell those seats and keep them in reserve in case there is a dignitary coming in; and the package gives the winner all kinds of VIP privileges. He stated this year for the first time, the winner will get a chance to meet some Nascar drivers, Jeff and Mark Green; Jeff Green drives the Petty vehicle and is well known; and that is the grand prize. Mr. Ross stated he has been married for 25 years and each year for their anniversary his wife tells him she would like to take a cruise; thus far they have not taken a cruise; but he told her he is going to buy more duck adoptions because the second prize is a ten-night luxurious Caribbean cruise for two on Celebrity Cruises, one of the best cruise lines; and it is a wonderful prize. He stated there are so many interesting cruises that they added another cruise; the third prize is a seven-night Mediterranean cruise for two on Royal Caribbean International, one of the great cruise lines; and the fourth prize is two roundtrip tickets to any location that Southwest flies to. He stated fifth prize is a one year membership to Health First Pro Health and Fitness Center in Merritt Island, Melbourne, or Palm Bay; and this year the membership is for a family of four, which is the first time they have done that. He stated sixth prize is a $500 shopping spree at Dillard’s in Merritt Square Mall; seventh prize is two delicious homemade sundaes each week for a year at Marble Slab Creamery; and the gentleman who owns the establishment told him since he opened it, he lost 156 pounds. He noted he does not know what is in the ice cream, but he said he lost weight. Mr. Ross advised prizes 8 through 17 are half-hour massages or facials at Massage Therapy Associates of Brevard in Merritt Island; and thanked the businesses for donating the prizes. He thanked the businesses that are participating by allowing people to buy the duck adoptions in their establishments; it is a business that has stepped up to the plate to do that; and many of the banks should be congratulated because nationwide any time there is an event like this the banks do not work together. He stated, in fact, the banks will say if so-and-so is involved, they are not going to be involved, but in Brevard County, it is different; and they need to congratulate the banking industry for that because they have so many of them who do not care if somebody else has the turf, they just want to help the children. He stated Crosswinds wishes to congratulate the Bank of America, Community Educators Credit Union, Harbor Federal, Indian River National Bank, Riverside National Bank, Space Coast Credit Union, SunTrust, Wachovia, and Washington Mutual for their participation; and also the sponsors United Space Alliance, Margaret Himes Foundation, Margaret Vince Foundation, Publix Supermarkets Charities, SEIC, Medcom, Inc., Coastal Steel, Inc., Ivey’s, and Ron Jon Surf Shop. Mr. Ross stated people seldom hear anything positive about car dealers, but the car dealers have stepped up to the plate and did a great job; they received a major sponsorship from Space Coast Honda, Bob Steele Chevrolet, and Paradise Ford in Cocoa; and they want to thank the business community, the Board, and all participants. He stated for the next four weeks they will have rubber ducks for adoption; and requested everyone will have a great time for a great cause.

Commissioner Carlson inquired if Mr. Ross has flyers he could give the Commissioners for their offices; with Mr. Ross responding he will bring them to the Commissioners.

Chairman Pritchard inquired if Mr. Ross thought he had a chance to win this year; with Commissioner Colon responding no, and commented that his duck last year was very big and had a propeller. Mr. Ross stated Commissioner Pritchard is one of the strongest supporters of the duck race and one of the earliest donors each year; for the past two years he has made history with how his duck has done; for the first time in history a duck owned by the same person has come in last each of the two years; but this past year his duck came closer to the next to last one. He stated he has a feeling this may be his year to win; and thanked Commissioner Pritchard for his support and wished him good luck. Chairman Pritchard paid Mr. Ross to adopt a duck this year.

REPORT, RE: LETTER REQUESTING FEDERAL FUNDING FOR MID REACH

Commissioner Colon requested the Board give staff direction to send a letter to Congressmen Weldon and Feeney requesting funding for emergency beach restoration; and requested Mr. Brown elaborate on that.

Natural Resources Management Director Ernie Brown advised the Board will be meeting later today about the Mid Reach; and some discussion has been held with regard to asking the Federal Legislative Delegation to assist the County, where they possibly can, to seek financial resources from the federal government to offset any costs associated with the Mid Reach. Mr. Brown stated in those discussions ,it was thought the letter could come from the Board signed by the Chairman; and if that is what the Board desires, staff will draft a letter and forward it to the Commissioners.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize staff to prepare a letter for the Chairman’s signature to Congressmen Weldon and Feeney requesting their assistance to obtain financial assistance to offset costs associated with the Mid Reach project. Motion carried and ordered unanimously.

REPORT, RE: JIM KENNEDY, KENNEDY SPACE CENTER DIRECTOR,
RE: NASA/KENNEDY SPACE CENTER UPDATE

Jim Kennedy, Kennedy Space Center Director, explained a slide presentation and advised they are going to Tallahassee later today to share this message with the State Legislators, Lt. Governor, and Governor, and he felt compelled to share it with the Board before they went. He stated he was very inspired by Jim Ross with Crosswinds; he has $20 and wanted to compete with the Chairman; but he plans to put a rocket engine on the back of his duck. He stated he has spoken to the Board about four times in the past and it has been a snapshot of current activities at the Kennedy Space Center, but the message today is different; and it is to tell the Board what they believe the strategic future looks like for the Kennedy Space Center and 14,000 employees.

Chairman Pritchard interrupted Mr. Kennedy and advised him that Mr. Ross heard his name and money and has returned. Mr. Kennedy donated funds to Crosswinds for a duck adoption.

Mr. Kennedy advised Kennedy Space Center and Brevard County have something in common in that they both have a very capable Busacca on their staffs; Mario Busacca is an environmental engineer and one of the key reasons why Kennedy Space Center excels; and it is a pleasure to share with the Board a strategic look at the Center. He stated he is not here to talk about the Space Shuttle, but feels compelled to tell the Board that today marks t-minus 53 days and counting to the launch of the return to flight STS 114. He stated they are excited and proud of the many men and women not just at Kennedy Space Center but around the country who have made the return from the disaster of Columbia possible; and between May 15 and June 3, the Board should see STS 114 from the shores of the Kennedy Space Center. He stated the Space Shuttle is very much a part of the vision for exploration; it is not something that they do and get it over with and behind them so they can move on; and it indeed is the first step in the vision for exploration. He stated the unique thing about this vision compared to the vision to go to the moon in the 1960’s is that it is a journey not a race; this establishes exploration of discovery and science as the centerpiece of NASA; one of the reasons he loves this vision is it is not about spending as much money as they need to spend to reach a specific objective on a specific date, it is about international people working together to explore the universe; and the schedule is secondary. He stated the schedule is one of the curve and it happens when they can afford it; so the vision is affordable, sustainable, and return to flight is Step #1. Mr. Kennedy stated completion of the International Space Station is Step #2; and they will begin the completion of the station with the third flight. He stated the first two Shuttle flights are development flights to make sure they understand how the vehicle acts in the environments it is subjected to; and the third flight will begin the completion of the space Station assembly; and a total of 26 flights later they should complete the station. He stated one of the reasons he is proud of that is because they as a nation made the determination that they will honor their commitments to their international partners; there was a potential for the United States to say it will get the U.S. core completed and will be out of it and stop spending money on stations; but that is not the way they are as a nation. He stated they as a nation honor their commitments to their international partners; that is good for station and good for the vision because the vision is not America going this alone, it is partnering with people around the world like it has done with the International Space Station. He stated 90% of what they do at Kennedy Space Center is space station and space shuttle related; and when they get to 2010 and have the last assembly mission for the station, by definition they would have flown the last mission of the Space Shuttle. He stated both of those key ingredients to today’s space business will drop off dramatically as they should and allow them to get on with the vision of exploration; the reason this is so different than back at the flight of Apollo 17 is when Apollo 17 ended, he was not at Kennedy Space Center to be a part of it, but he believes there was no understanding of what the next step was in America’s journey of exploration; and they finished Apollo 17 and the workforce plummeted with nowhere to go. He stated the difference is they have the vision for exploration; Kennedy Space Center will be the launch operations of the future and much more; and he is anxious to tell the Board about that. Mr. Kennedy stated before those numbers start to drop off, they have five years to do the necessary planning so they are ideally postured to do strategic planning for the future and actively engage in that every day; and they will go on to explore the moon by the year 2015, Mars probably in the year 2030, and beyond. He explained NASA’s budget chart as presented by the President to Congress; stated a year ago, in an environment where discretionary non-defense budgets were not going up in order to fund the War in Iraq and other national priorities, the NASA budget was going up at a fairly good clip from the mid $15 billion to about $18 billion in the year 2010; and that is absolutely unprecedented in the current budgetary environment. He stated if they did not have a vision for exploration, the NASA budget would have been shown on the bottom line of the chart; the difference in those two lines is about $15 billion; this year, because of budgetary pressures, the NASA budget has come down and the blue line shows the President’s fiscal 2006 budget is down from what he proposed a year ago but still a positive slope; and it is a very favorable thing to be a non-defense discretionary budget agency and have an increase. He stated the budget outlook is very positive for NASA; the budget the President submitted a year ago and the one he submitted in February was down about $3 billion over a five-year period; the Kennedy Space Center budget is actually up; the budget submission from a year ago, on the bottom line, was about $1.6 billion per year; and the current projections are $1.8 billion per year. He stated the reason for the increase when the rest of the Agency took a decrease is that they are heavily involved in Shuttle Return to Flight and International Space Station and are a key player in the Vision for Exploration; so uniquely they got a budget increase whereas the Agency had somewhat of a budget decrease. He stated the chart is profound in a way; NASA’s new approach to doing business is through competition; he believes in free enterprise; competition is what makes the world go around; and that is what the Agency believes in. Mr. Kennedy stated adding all of the budget in 2006 through 2010, it is about $12 billion worth of work that will be competitively won; the reason he brings that to the Board’s attention and proudly will bring it to Tallahassee is that the County and State as a group of stakeholders in the State of Florida clearly support the Center; and they appreciate the support. He stated they have to posture themselves to win work competitively; they are committed to that at Kennedy Space Center; they are building a new business development organization that is going to aggressively pursue the work because work is no longer given to Centers; and because they are in a district that deserves an extra billion dollars this year, they have to earn it and win it through competition. He noted that is a key statement; it is probably the zinger of all the charts he has to share with the Board; and although the Board could look at it as a bad news story, he clearly likes to look at life in a more positive way and thinks there is a very positive story there. Mr. Kennedy stated going back to the Apollo Program, he can tell the Board the workforce numbers in the Apollo days were 32,000 people at Kennedy Space Center; by the time they got to the Shuttle and Station Programs, the programs had invested in technology, which enabled them to do more work with less people; and this program is clearly higher tech than the Apollo Program was; so today they are running at 14,000 people. He stated OSHA chose not to put in the numbers, but on the left-hand side of the chart if they put 14,000 that is about where they are today; once they get to 2010, the numbers start to drop off because the Station and Shuttle Programs will come to an end; but the Station will stay up there for six more years doing very key science. He stated their job of launching Station elements to the Station is what will take a serious reduction; the good news is they have five years to plan for it and the other good news is instead of questioning what the future role is going to be for Kennedy Space Center in the new world order, they can see the bottom line, which is the launch service program of expendable launch vehicles. He stated they are discovering the universe with the many launches of expendable launch vehicles to Mars; and he will not take up the Board’s time with all the exciting robotic missions that are trekking through the universe, but will tell it about one. Mr. Kennedy stated the Board needs to stay tuned on the 4th of July when deep Impact that was launched from the shores of Brevard County about four months ago arrives with the comet known as Temple One and is going to collide with that comet and blast a hole in it the size of an average home and 14 stories deep; and the satellite sitting back from the comet will be monitoring what comes out. He stated for the first time ever they will know what comets are made of; it is going to be fireworks on the 4th of July like they have never seen before; and perhaps when their grandchildren have a comet heading to Brevard County one day, they may have the technology to intercept it and blow it away before it intersects earth and does great damage. He noted it is just one of the many exciting things the Launch Service Program does for NASA. He stated the blue line is the Launch Service Program and Constellation; Constellation is the total exploration program; it is growing at a rate they are not sure of; and this is just notional, but the point that would scare someone would be the fact that the numbers will come down without the new business development opportunities. He stated if they do not make those happen, the numbers will be somewhat reduced because it does not take 14,000 people to do the traditional Kennedy Space Center work of processing payloads and launching vehicles and rockets. He stated they do not know what that number is because they do not know which rockets will be launched, but they know it is not going to need 14,000 people and would be somewhat less; and the good news is they have five years to plan for it and there are some new business opportunities that he is anxious to share with the Board. Mr. Kennedy stated one of the business opportunities they will be exploring and will need the State and County’s help with space vehicle manufacturing; always in the past space vehicles were made somewhere in the far off parts of the country and in other countries and brought to Kennedy Space Center to be launched; they believe with the right amount of emphasis, they can entice the contractors who build launch vehicles to come here; the crew exploration vehicle will house the people and take them to the moon; and they need to be able to entice those people to build on the Indian River instead of the Tennessee River or North Alabama as Boeing did for its Delta IV rocket plant because the State of Alabama had all sorts of incentives to entice them. He stated they will be talking to the State tomorrow about enticing business to the community that could clearly subsidize the drop in workforce. Mr. Kennedy showed a picture of Space Ship 1, named Galatica; stated they will work with those people to attract space tourism to our shores; at the top of the chart is Insitu Resource Utilization; it is about utilizing the resources on the surface of another planet, being the moon or Mars, and extracting the fuel and oxidizer out of the surface of the planet; and on the right hand side is something they do today, but it is going to be a growing activity; and that is Bio-regenerative Life Support, which is growing plants as they traverse on a two-year mission to Mars and back, because they cannot carry two years’ worth of food with them. He stated the bio-regenerative idea, which is going on as he speaks, in the space flight science lab funded by the State of Florida, talks about the idea of growing crops to supplement the food, clean the air, and purify the water; and it is a very key research area that is necessary to go to the moon and on to Mars. Mr. Kennedy stated they talk a lot about the launch vehicles and the decision is only two months away; they think it is going to be one of three possible solutions set; one is going to be shuttle-derived on the left hand side; they do not know for sure if that is going to be a part of the vehicle package necessary to take people back to the moon and on to Mars; but they will need some heavy lift capability. He stated the graphic on the left says if it was shuttle-derived, maybe it would take advantage of the solid rocket boosters’ external tanks and have some sort of cargo carrier instead of the orbital, which is what normally attaches to the external tank; and on the right hand side is another possibility that they would take advantage of the Delta IV as modified or the Atlas V as modified to launch the crew exploration vehicle to orbit. He stated the third selection, which he personally does not give a lot of credence to, is what they call clean sheet, start all over with a brand new rocket design; and he does not believe the budget has the money to cover clean sheet. Mr. Kennedy stated he will quickly bounce through the presentation and work with County staff as appropriate with the details; the message on the chart is the procurement activities are alive and well; and they have ten million dollars worth of competitions for research and technology activity in the future. He stated the RFP for the acquisition of the new exploration vehicle on the right was released two weeks ago; and they will be closed out by the end of the year, and will have two contractors working towards a solution to the CEV and a launch vehicle acquisition is going to be right on their heels, once that May announcement comes; and a big systems integration contract will be released later on this year. Mr. Kennedy stated the future is bright; Admiral Craig Stidle, who is the director of all things exploration at NASA Headquarters, said publicly that Kennedy Space Center is certainly the operation center of the future; they take that as a given, but want it to be a lot more; the core competency is at the Center and the launch vehicle payload processing; and finally the community has recognized the research and development capability at Kennedy Space Center. He stated they are proud to be an operation center and people for years have thought about them being an operation center; they are the best in the world at what they do in an operational sense; and for the first time ever the global world is looking at them and research and development activities. He stated the inventor of the year for all of NASA came from the Kennedy Space Center this year; people do not think about them doing research and development and invention activities; space flight science lab is the one that is currently in operation; and it has over 100 people doing the critical research investment and things like the bio-regenerative life support that he spoke of earlier. He stated it is a success story for partnering with the State; the State paid $30 million to build the facility; it is currently being co-managed by the Florida Space Research Institute and NASA, along with the University of Florida and many other educational endeavors; and it is going well according to plan. He stated the International Space Research Park is a 320-acre tract of land they are working on with the Florida Space Authority and he can talk more about that during the question and answer period if the Board would like; but they are rapidly moving towards the ability to build. He stated he thinks the first occupants of the International Space Research Park can be in place two years from now; the environmental impact statement is finally behind them; it was signed last November; and they are moving rapidly towards a real research park at the Kennedy Space Center. He stated they have to plan ahead; it was not raining when Noah built the ark; and the message is they are not waiting for the rain, are building the ark, and the journey begins now. He stated it is no longer something in the future; it is something that is part of their lives; and the first step for that is going to be very visible on May 15, 2005. He encouraged the Board to be with them in thought, presence, and prayer; and stated he will answer any questions the Board may have.

Commissioner Scarborough stated the County wants to be a partner; he understands where that blue line was that the area is dependent upon the State and its aggressiveness; people watching need to know the County was supposed to get the service center but Alabama took it from it; and it could be building things here if not for Alabama. He stated states elsewhere have done a more aggressive job in getting jobs; the people of the County need to know where the County and State are on that issue; the average wage in the hospitality industry is $14,000; and the people who work at Harris or Kennedy Space Center have an average wage of $54,000. He stated Brevard County is unique in the State in that the average person has a higher wage; it goes to the SAT scores; last summer the Board gave $140,000 to Economic Development Commission because it was concerned about BRAC and the Space Center; and when it hired John Thrasher as its State lobbyist, he helped bring SERPL in when he was Speaker of the House with the thought they needed to take those actions. He stated it is critical that the State take a different posture, not just with Kennedy Space Center but overall in the manner in which it looks to getting the better paying jobs because once they come here they change the community in profound ways. He stated Brevard County thinks differently than other counties because of people who live in Brevard County; that is good; and people who talk about going to space have a different mentality than someone who talks about Disney. Commissioner Scarborough stated the Board wants to help Kennedy Space Center with the Legislature and is willing to play a role with the research park; there are roles the County can play; and Ms. Busacca is already looking at ways to compliment what Kennedy Space Center is going to be doing. He stated the commitment is here and everybody needs to hear it from the Board.

Mr. Kennedy stated he appreciates that; he knows the Board has infused additional funding into Economic Development Commission and they are employing services from people who know the business; and he sees the community rallying around the opportunity that is before them. He stated the message in Tallahassee tomorrow will be the same; the State knows it has to be prepared to make investments to attract the businesses; but one correction he wants to make is that it has not been decided yet whether the NASA Shared Service Center goes to Alabama, Mississippi, or Ohio, but it is not going to Florida, as it lost the bid. He stated one reason it lost the bid, and he does not say it negatively against the State, which has done a lot for Kennedy Space Center, but the State offered $2 million while Mississippi and Alabama offered $25 million; and it does not take a rocket scientist to understand why it was not Florida.

Commissioner Scarborough stated if one looks at the facts and figures, Florida is where it should have been; and that is what NASA wanted to do.

Commissioner Voltz inquired what can the Board do to help Kennedy Space Center; with Mr. Kennedy responding Lynda Weatherman and Economic Development Commission are a great entity to rally around their needs; they understand the needs; and the Board’s funding and support of that is a positive thing. He stated one less tangible but real to him is knowing the Board is behind them, supporting them means more than he can put into words; they feel the support of the County and the State in everything they do; and it is hard to put a dollar sign on that as contribution. He stated it is powerful to him and the people at Kennedy Space Center. Commissioner Voltz stated the Board is behind Kennedy Space Center.

Chairman Pritchard inquired if they have the university affiliation a part of the International Space Research Park; with Mr. Kennedy responding they do not have any firm commitments yet; his vision for ISRP is a combination of government, industry, and academia working together because that is who they are as a center; and they do not do this alone. Mr. Kennedy stated academia is a key part of their life; as they venture more towards the research and development side of life, it becomes more heavily concentrated with the university community; so they have an opportunity to build on that ground just like government and industry. Chairman Pritchard stated Commissioner Scarborough touched on how academics in this County is different than elsewhere; it has a lot to do with the caliber of people who are living here; there is a disproportionate amount of people who are college educated and have masters and doctorate degrees on a per capita basis when compared with other counties throughout Florida; it is the science at Kennedy Space Center and NASA Administration that tends to drive that; and the Center’s workforce is loaded with academics. He inquired how many people do they expect in the ISRP in the first two years; with Mr. Kennedy responding it has a total capacity of 8,000 people if they populated all 320 acres; and that would be phased in over time. Mr. Kennedy stated they are pursuing a land use agreement with Florida Space Authority with the environmental impact assessment; it is only 90 acres or about 25% of the total; so the population they could put on that is about 2,000 people.

Chairman Pritchard inquired if Mr. Kennedy sees the tenants being mostly those already in Brevard County or are they going to be bringing in a significant amount of companies; with Mr. Kennedy responding he hopes it is a combination of the two; Wiley Labs is one of the first ones at the door wanting to build a facility; they are also going to try and track and even manufacture things; and a beautiful opportunity is the crew exploration vehicle manufacturing. He stated it would be unique; they always seem like they would rather build a rocket in Alabama and ship it to Tennessee to the Gulf of Mexico around the tip of Florida; and it seems it would be better to build it on the Indian River and just truck it over. He stated they are going to push hard to try and make that a reality. Chairman Pritchard stated it seems more sensible; and thanked Mr. Kennedy for his presentation.

REPORT, RE: WORKING WATERFRONTS

Chairman Pritchard stated there is a bill co-sponsored by Representatives Needelman, Altman, and Allen dealing with working waterfronts; and it says, “An act relating to waterfront property; requiring a future land use plan element of the local comprehensive plan for coastal counties to include criteria to encourage the preservation of recreation and commercial working waterfronts, including public access to waterways with those items indicated in a recreational and open space element.” He stated he wanted to bring it to the Board’s attention and on Thursday they could discuss what they might like to do; and during the break, he will have copies of the bill made, distribute it, and bring it back Thursday to discuss it with the Board’s lobbyist.

Interim County Manager Peggy Busacca stated staff recently received a new copy of that bill with additional information; and perhaps she can make copies of that; with Chairman Pritchard responding that would be fine.

Chairman Pritchard stated the Cabinet has shown a willingness to at least hold people to the parameters of the deal they made when they purchased the marina in that the County did not lose Whitley Bay to privatization; however, it comes back up in 2008; and what they do not have is an abundance of waterfront areas that are providing access to the public. He stated the County is at the stage where it needs to address this; the Board has indicated it wants to revisit the marina siting element as part of the Manatee Protection Plan; and it needs to do that.

REPORT, RE: WIDENING OF STADIUM PARKWAY

Chairman Pritchard advised he asked staff when Stadium Parkway would be four-laned because it is getting to the point where traffic is increasing with the additional high school and students driving cars on a two-lane road; and he received a fax from the Department of Transportation, which Mr. Denninghoff will elaborate on.

Transportation Engineering Director John Denninghoff advised there are several things in the letter that are pertinent to the question asked; they are slated to begin construction for widening of Stadium Parkway from Salerno Boulevard, which is where the Viera Boulevard overpass will connect onto the west side going southward in July or August 2005; and upon completion of that segment, their schedule calls for constructing the northerly portion from Salerno Boulevard to I-95 interchange. He stated in the second quarter of 2006, they are going to start construction of the Lake Andrew Extension from the current intersection with Fran Jamieson Way to the north and connect to Stadium Parkway. Mr. Denninghoff stated staff is going to try and convince them to alter that schedule a little because they think construction of Lake Andrew Drive would provide a detour route around the majority of the construction of Stadium Parkway, which would be to everyone’s benefit if it was in place before they started the widening project. He stated they are currently constructing the southerly extension of Stadium Parkway to Wickham Road and it will not be open for some time yet, but perhaps this summer it will be open.

Commissioner Voltz advised she spoke to Congressman Weldon about the issue when the people from Washington were down here; and he mentioned that maybe they could look at some federal funding for the widening now that the Nationals are here, which has created more traffic in the area. She stated perhaps staff can ask Congressman Weldon about the possibility of getting funding for that roadway to do it quicker. Mr. Denninghoff stated they could try and coordinate that through the MPO.

Commissioner Scarborough stated he and Mr. Denninghoff talked about the signalization when people get off the ramp onto Fiske Boulevard; and he indicated they had backups all the way down to I-95, which creates an enormous risk when traffic is stopped on an interstate; and inquired if that is being discussed as well. Mr. Denninghoff responded Department of Transportation is currently designing that project; and his understanding is they expect to have it under construction the early part of the summer or late spring.

Commissioner Carlson stated she finds it interesting to note that this project is going to be occurring; the Pineda Extension is going to be occurring; and they are going to be widening I-95; so they ought to take a break, get out of the County for a couple of years, and come back when everything is built. Mr. Denninghoff stated Viera Boulevard will be under construction to the overpass of I-95. Commissioner Carlson noted she did leave that one out.

REPORT, RE: FUNDING FOR OUTSIDE AUDITOR

Chairman Pritchard stated a couple of years ago funding for an outside auditor was cut; and it may be something the Board may want to revisit and ask someone from the Clerk’s Finance Office to make a presentation why they should have an outside auditor. He stated Brevard County is on the cusp of becoming something it may not want to become; and the Board needs to look at how it is spending the money, where it is spending it, and why it is spending the money. Chairman Pritchard stated sometimes a new set of eyes of someone sitting outside the realm of the entity is refreshing; he is not encouraging the Board to support or not support it at this point, but encouraging that it listen to what someone has to say and consider the comments.

Commissioner Scarborough stated Chairman Pritchard is concerned about what Brevard County is becoming, but an auditor looks at accounting procedures; so perhaps he is talking about someone to look at the methodology of how the County is operating. Chairman Pritchard stated that and how it is spending its money. Commissioner Scarborough stated the Board needs to make sure it gets what the Chairman wants.

Chairman Pritchard stated he continuously hears, where is the money for roads going, why is it not going for roads, where is money for this and that going, why is it not going here or there, and why is the County playing shell games with the dollars it has; so if the Board has an outside objective person come and look at it, he may say the shell game is not quite what they think it is; and the money is being used here or there or for different purposes from what it has been set aside to achieve. He stated what he has found is it does not seem to matter how many times he says something is such and such, the people he is speaking with do not buy into what he is saying because he does not think they believe the validity of the comments; so he would like to add a little validity to the comments he makes, and this is one way to do it.

Commissioner Carlson stated the Board has external auditors now, but Chairman Pritchard is looking for something different; so maybe that is not external auditors he is talking about. Chairman Pritchard stated he is talking about an outside auditor that would be looking at the financials and perhaps having Finance Director Stephen Burdett come and make a presentation to the Board as to what he considers to be an appropriate way to do it.

Commissioner Scarborough stated Clerk’s Finance looks at what has happened or what is happening; and if Chairman Pritchard wants to say they need to have another methodology on how to do it differently in the future, they need to have someone with a little different perspective. Commissioner Carlson stated they will need two external auditors if he wants someone to come in with new eyes to look at finance and the budget. Commissioner Scarborough stated they need to know what is; a lot of times people look backwards at what was; and if Chairman Pritchard thinks they need to have a different methodology, an auditor may not be able to give him the answers he is looking for. Commissioner Carlson stated perhaps a staff report could come back to look at what the options are to start with. Chairman Pritchard stated before getting to the paperwork side of it, he would like to have a person at the meeting so he can ask the person how is the money being utilized currently, and then go from that position; a report may come later; but to have someone sitting here to bounce questions off of would be appropriate.

Commissioner Colon inquired what would the Chairman want the Board to do; and is someone coming to speak to the Board; with Chairman Pritchard responding he was going to have the Finance Director come to the workshop on Thursday. Commissioner Colon stated that is fine, but inquired does the Board have too much on its plate already; with Commissioner Scarborough responding he would prefer not to do it on Thursday. Chairman Pritchard stated he prefers to hear the issue at a workshop.

Interim County Manager Peggy Busacca advised the next budget workshop is April 14, but the Board has four hours scheduled to hear nine departments; and the last time it took four hours to hear five departments, so it may not have enough time to hear all the issues.

Chairman Pritchard inquired when can the Board fit the issue in on the agenda. Commissioner Carlson inquired if the request to the Finance Director is to come and talk about generalities or more specific issues; with Chairman Pritchard responding generalities and ideas because he is going to ask a lot of questions and wants him to come back with a proposal of how things used to be before the funding was cut for internal auditors, which was part of the Clerk’s office. He stated he would prefer to leave it open so they can ask a variety of questions. Commissioner Carlson stated that is fine as long as staff can provide some report of what happened during the internal audit scenario a few years ago, how they created the internal audit committee, why they did it, and all that stuff. Chairman Pritchard stated that is fine.

ANNOUNCEMENT, RE: TIME CERTAIN

Chairman Pritchard advised a time certain is scheduled at 10:30 a.m.; and inquired if the Board wants him to interrupt the resolutions at that point; with Commissioner Scarborough responding that would be fine. Commissioner Colon stated there are folks who have been here waiting for the resolutions; and there are Eagle Scouts who need to go back to school; so she would prefer to do all the resolutions before the time certain.

RESOLUTION, RE: CONGRATULATING JOHNNIE O. WILSON

Chairman Pritchard advised Johnnie O. Wilson, who will be celebrating her 100th birthday, was a bowler; and she is also a caregiver for her 88-year old sister; Space Coast Lanes on Merritt Island gave her a new pair of bowling shoes so she could continue bowling; he will see her at her party on April 16 at Cocoa West Community Center; and congratulated her on her 100th birthday.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution congratulating Johnnie O. Wilson on celebrating her 100th birthday. Motion carried and ordered unanimously. (See page for Resolution No. 05-059.)

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT JACE REMICK HESTER

Commissioner Colon read aloud a resolution commending Jace Remick Hester on attaining the rank of Eagle Scout.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution recognizing Jace Remick Hester for achieving the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 05-060.)

Commissioner Colon presented the Resolution to Mr. Hester

Mr. Hester advised he had several work days and brought scouts in to pressure wash sidewalks, paint parking lot lines for the church; and he raised money for the church’s new sign, which was $675.00. He stated he also raised money for new railings and a new mail box, rust treated the sidewalks, and swept the parking lot as well.

Chairman Pritchard congratulated Mr. Hester on his accomplishment.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT GARRET PHILIP DENNINGHOFF

Chairman Pritchard read aloud a resolution commending Garret Philip Denninghoff for attaining the rank of Eagle Scout.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution commending Garret Philip Denninghoff on attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 05-061.)

Garret Denninghoff advised his project was at Brevard Zoo where his sister works; he went to the Educational Department and asked what they wanted him to do because he figured he could do something for the Zoo; and they suggested their guinea pig habitat was inadequate and gave him a plan for what they wanted him to build. He stated he went beyond the plan and they appreciated it.

Chairman Pritchard congratulated Mr. Denninghoff and presented the Resolution to him.

RESOLUTION, RE: URGING FLORIDA DEPARTMENT OF TRANSPORTATION TO
CONSIDER RECREATIONAL OPPORTUNITIES DURING PLANNING FOR SR 528

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution urging the Florida Department of Transportation to consider recreational opportunities during planning for expansion of SR 528, including linear parks, bike trails, boat ramps, and other recreational facilities. Motion carried and ordered unanimously. (See page for Resolution No. 05-062.)

Chairman Pritchard requested permission to attach the Resolution to a letter signed by him as Chairman further stating the Board’s objectives.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to the Florida Department of Transportation further stating the Board’s objectives regarding SR 528 expansion. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING AUTISM AWARENESS MONTH

Commissioner Colon read aloud a resolution proclaiming April 2005 as Autism Awareness Month in Brevard County to remind the general public of the difficulties people with autism have and the challenges parents, caregivers, health care workers, and others go through in their efforts to educate and care for those individuals.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution proclaiming April 2005 as Autism Awareness Month in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 05-063.)

A representative of Hidden Potentials stated, as a parent of a child with autism, she wants to thank the Board for its interest in their family and the struggles they face; and she believes that through the Resolution many people will be educated about autism and feel the need to help families and professionals. She stated she devoted her professional life to helping families with special needs children and knows many other parents and professionals would have liked to be here today to show their support. She stated to give the Board an idea of what life is like, it should consider families with children suffering from this disorder very often cannot participate in church or social activities because they have no one adequately trained to care for their children; when families had to evacuate their homes during the hurricanes, the special needs shelters were not appropriate places for their hyperactive, special diet, we never sleep in different places children; and many of those children are from single-parent homes, which make the situations even more challenging; however, there are many positive things that have happened in her life because of her son Tristen. She stated she met a whole new set of friends who share the same concerns, from parents who are just beginning the journey to professionals who network with her organization, Hidden Potentials; and it is a close-knit group of people working to make a difference. She presented a poster that outlined many of the facts that are in the Resolution; and noted it could be put in businesses and schools so that the general public can learn about autism during the month of April. She thanked Commissioner Colon for her genuine interest and the outpouring of support from her staff.

Commissioner Colon presented the Resolution to the representative of Hidden Potentials.

Commissioner Voltz advised Dr. Bradstreet, a resident of Palm Bay, is the world-renowned doctor in treatment of autism; and she met a lady in the grocery store who said she moved to Brevard County from Africa because her child had autism and she wanted the child treated by Dr. Bradstreet. She stated Dr. Bradstreet is from Brevard County, and the Board needs to be proud of him.

RESOLUTION, RE: RECOGNIZING ORGANIZATIONS THAT STRENGTHEN WOMEN

Commissioner Carlson stated historically the Brevard County Commission on the Status of Women chooses a woman and young woman of the year during Women’s History Month; however, this year, the Commission has chosen to recognize organizations that have strengthened women in Brevard County. She read a resolution recognizing organizations that strengthen women in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution recognizing Child Care Association of Brevard, South Brevard Women’s Center, Salvation Army North Central Brevard Corps, Wendi Center/Brevard Community College, and Community Services Council as organizations that strengthen women in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 05-064.)

Janie Holman advised the Brevard County Commission on the Status of Women has been honoring outstanding women in Brevard County for the past 11 years; and this year it decided to honor organizations and the women who strengthen them; five organizations were nominated to be honored today. She stated they are the Child Care Association of Brevard (Barbara Moore), Salvation Army (Mrs. Faxmeyer), South Brevard Women’s Center (Carol Taylor), Wendi (Christa Osteen Cochran), and Community Services Council (Cheryl Hoffman). She stated it is their pleasure, on behalf of the Commission on the Status of Women, to honor the women who have made a difference in the community, and they appreciate all the service they provide.

Commissioner Carlson advised there is one Resolution for each of the organizations; and presented the Resolutions to the representatives of each organization.

RESOLUTION, RE: COMMENDING ROBERT “DUKE” BRUMBAUGH

Commissioner Scarborough read aloud a resolution commending Robert “Duke” Brumbaugh, Central Area Supervisor for the Facilities Department, for 33 years of outstanding public service.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Robert “Duke” Brumbaugh for his outstanding contributions to Brevard County’s facilities, expressing appreciation for his dedicated service to Brevard County and its citizens, and extending best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 05-065.)

Duke Brumbaugh advised his co-workers made his job easy; they are hardworking, dedicated, and talented people; and he hopes the Board will continue to recognize that and entice good employees and compensate them. He stated people look forward to the day of retirement; they work hard and long for it and the insurance that comes with it; and he is going into the ranks of retirement.

Chairman Pritchard thanked Mr. Brumbaugh for his 33 years of service; and noted he said it best when he thanked the men and women he works with because without their tireless efforts, the Board would not have the facilities maintained as it does. He congratulated all of them for a job well done.

RESOLUTION, RE: PROCLAIMING NATIONAL COMMUNITY DEVELOPMENT WEEK

Commissioner Voltz read aloud a resolution proclaiming March 28 through April 3, 2005 as National Community Development Week to celebrate the Community Development Block Grant Program 2005 Theme, “CDBG Communities On The Rise”.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming March 28 through April 3, 2005, as National Community Development Week in Brevard County, and encouraging citizens, organizations, and businesses to help improve the quality of life for all citizens. Motion carried and ordered unanimously. (See page for Resolution No. 05-066.)

Leonard Beckett, Vice Chairman of the CDBG Citizen Advisory Board, thanked the Board for the opportunity to serve on the Board; stated they are all very proud and happy to volunteer their time to do it for a very worthwhile cause; and he wants to encourage strong continued support for CDBG. He stated the President’s budget proposal this year is going to try and kill the program; they cannot allow that to happen; and Brevard County and a lot of public service organizations depend on CDBG funds, as do the low-income neighborhoods for projects. He stated they completed a project in West Cocoa where there was a situation that every time there was a lot of rain, they were being flooded with raw sewage from poor septic systems; and CDBG funds fixed that and put in city sewer so now during large amounts of rains, the residents are secure in the knowledge that they are not going to get sick from a bad situation. He stated that is what CDBG is all about; and thanked the Board for its continued support. He encouraged the Board to contact the Congressional Delegation and let them know Brevard County does not want that portion of the budget proposal to be furthered.

Commissioner Voltz presented the Resolution to Mr. Beckett.

Commissioner Carlson advised the County has been in contact with its Lobbyist Ed Pauley. Interim County Manager Peggy Busacca stated when staff received the information, they asked Mr. Pauley to be aware of it and he has been in touch with Congressmen Feeney and Weldon.

PRESENTATIONS, RE: EMPLOYEE DEVELOPMENT PROGRAM CERTIFICATES

Human Resources Director Frank Abbate advised during 2004, employees participated in the Professional Development Program, which is a group of 18 different workshops in three phases, including Time Management Skills, Communicating for Results, Conflict Resolution Skills, Basic Writing Skills, Advanced Writing Skills, Civil Beginnings, Measuring Customer Satisfaction, Motivational Skills for Supervisors, Leadership Challenge, Continuous Improvement Awareness Team Building, Supervising, Performance Evaluations, Grievance Handling, Risk Management, Hiring Process, Budget Training, and Managing Diversity. He stated out of about 845 employees who participated in the Program and attended 18 workshops in 54 sessions, there are a number who successfully completed all three phases and took a test at the end of each phase, who will be recognized today. He stated they are Patricia Brink with Parks and Recreation, Brenda Coe with Library Services, Yvonne Dominy with Library Services, Gary McKinney with Library Services, Steve Pangborn with Parks and Recreation, Jeff Thorne with Parks and Recreation, and Lawrence Thornton with Facilities. Mr. Abbate stated in addition to those employees, individuals who scored over 90 in each of the examinations and are receiving certifications with honors are Amanda Gist with Library Services, Robin Johnson with Permitting and Enforcement, Tammy Moon with Library services, Michael Perini with Library Services, and Jeffrey Ware with Transportation Engineering. He stated they are proud of their accomplishments and glad to recognize them today in the lobby with presentation of certificates and picture taking for the County newspaper.

Chairman Pritchard congratulated the employees who successfully completed the Employee Development Program.

ANNOUNCEMENT, RE: EXECUTIVE SEARCH SERVICES PROPOSALS

Chairman Pritchard advised the next item is the Executive Search Services Proposals; and he understands each firm has been allotted 15 minutes to make a presentation.

Commissioner Scarborough stated he would like to take the 10:30 a.m. time certain before the proposals if it is okay because there are a lot of people in the audience with an interest in that and the Board needs to spend enough time talking about the consultants without holding others up. He stated he knows it is out of sequence, but thinks people would understand.

Chairman Pritchard suggested the Board do the resolutions for Titusville Rotary and Florida Discovery Month then do the time certain and come back to the proposals.

RESOLUTION, RE: CONGRATULATING TITUSVILLE NOON ROTARY CLUB

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution declaring its admiration and appreciation to Titusville Noon Rotary Club and extending its congratulations and thanks for 82 years of remarkable service to the Titusville area. Motion carried and ordered unanimously. (See page for Resolution No. 05-067.)

RESOLUTION, RE: PROCLAIMING FLORIDA DISCOVERY MONTH

Commissioner Voltz read aloud a resolution proclaiming April 2005 as Florida Discovery Month in conjunction with the grand opening of Juan Ponce de Leon Park, which will take place on April 2, 2005.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming April 2005 as Florida Discovery Month in honor of Juan Ponce De Leon’s discovery of Florida in conjunction with the grand opening of Juan Ponce de Leon Park. Motion carried and ordered unanimously. (See page for Resolution No. 05-068.)

Sam Lopez advised he has a historian with him who would like to speak.

Frank Thomas advised the finding that Juan Ponce de Leon landed at Melbourne Beach came in 1992 with the publication of Douglas Peck’s article in the Florida Historical Quarterly; and they cannot get any more authoritative than the Florida Historical Quarterly. He stated subsequent to what historians had found, it is now historically accepted that Ponce de Leon came ashore in Brevard County; and he was the first European to set foot in the North American continent and discovered Florida. He stated the wonderful park is named for him; and the County and State seals depict his ship.

Commissioner Voltz presented the Resolution to Mr. Lopez and Mr. Thomas.

Sam Lopez stated like the NASA presentation showed earlier, Brevard County is in a unique time now; it took 492 years for everybody to find out that Juan Ponce de Leon landed in Brevard County; so it has a national treasure; and he looks forward to continuing to work with the County to help make the park an educational and cultural center. He stated they invited the Spanish Consulate and various different groups to come and participate in the celebration of the grand opening of Juan Ponce de Leon Park on April 2; Brevard County has a national treasure, which is the discovery of Florida; so it has something here that is unique. He stated they hope to develop scholarships for young children and do different cultural events every year on April 2; and thanked the Board, Parks and Recreation, Mr. Thomas, and all historians. He invited all of Brevard County to the grand opening because in the future it will be a tourist attraction like St. Augustine; and they should develop that and get it in the newspapers to have tourists come to Brevard County and look at where Ponce de Leon landed.

Commissioner Voltz invited the general public to the grand opening of the park; and stated it will be a fantastic event in South Melbourne Beach.

The meeting recessed at 10:49 a.m., and reconvened at 11:04 a.m.

PUBLIC COMMENTS, RE: MEETING ROOM IN NORTH BREVARD COMPLEX

Bea Polk of Titusville inquired if there is any way the Board can find a room in the North Brevard Complex so if the public wants to talk to someone in the Property Appraiser’s office, they can sit and talk. She stated twice they had to cancel discussions because they said they do not have a place for her to sit and talk; at her age she does not need to stand for 30 minutes; she looked around the Complex and found there are places, but there is no designated place for the public to sit and talk. She requested one place where the public can sit and the employees can come and talk to them.

Commissioner Scarborough stated the Brevard Room is a room that can be scheduled.

Ms. Polk stated employees do not want to leave their offices and go there to discuss what they have; she asked them to go to Commissioner Scarborough’s conference room, and they said they were not allowed to do that. Commissioner Scarborough stated his office uses his conference room all the time. Ms. Polk stated they were not using it on the day she checked; and she went back to the Property Appraiser’s office, but they said they could not use the room. She inquired if there is somewhere the public can go and meet with officials or employees they want to talk to. She stated she does not expect an answer today, but maybe the Board can get someone to look around and see what he can find. She stated it does not have to be a big place for two or three people.

Commissioner Voltz inquired if Ms. Busacca could check on that and perhaps have a few benches outside the window; with Ms. Polk responding sometimes people want a little privacy, and it would be better for the public and the office they have discussions with.

CLARIFICATION OF BOARD ACTION, RE: ABATEMENT OF CODE ENFORCEMENT
CASES REGARDING SEAWALLS IN CANALS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve abatement of existing Code Enforcement cases involving seawalls on man-made canals until after adoption of proposed amendments to the Surface Water Protection regulations. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILHELM REINDL, RE: GOLDRUSH
AVENUE, LOTS 261 AND 278

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Wilhelm Reindl for a building permit off an existing right-of-way known as Goldrush Avenue (Lots 261 and 278), which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously. (See page for Agreement.)

UNPAVED ROAD AGREEMENT WITH WILHELM REINDL, RE: GOLDRUSH
AVENUE, LOT 361

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Wilhelm Reindl for a building permit off an existing right-of-way known as Goldrush Avenue (Lot 361), which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously. (See page
for Agreement.)

RESOLUTION, RE: RELEASING CONTRACTS WITH THE VIERA COMPANY FOR
JUDGE FRAN JAMIESON WAY, EAST OF LAKE ANDREW DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contracts dated May 18, 2004 with The Viera Company for completion of improvements to Judge Fran Jamieson Way, east of Lake Andrew Drive and release of the performance bond. Motion carried and ordered unanimously. (See page for Resolution No. 05-069.)

FINAL ENGINEERING APPROVAL, RE: MALABAR ROAD IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering approval for Malabar Road improvements, subject to minor engineering changes as applicable, and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL, SELECT AND NEGOTIATE
PROPOSALS, APPOINT COMMITTEES, AND AUTHORIZE USE OF COMMERCIAL
PAPER LOAN, RE: COMMUNITY DEVELOPMENT PERMIT INFORMATION SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise request for proposals; appoint Permitting and Enforcement Director, Information Technology Director, Natural Resources Management Director, Building Official, and Land Development Supervisor or their designees to the Selection Committee; authorize selection and negotiations; and authorize use of commercial paper loan not to exceed $865,000 to develop and implement a proposed community development permit information system. Motion carried and ordered unanimously.

PERMISSION TO RECLASSIFY POSITIONS FROM PART-TIME TO FULL-TIME,
RE: BUILDING INSPECTOR I AND BUILDING PLANS EXAMINER III

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to reclassify two part-time Building Inspector III positions to one fulltime Building Inspector I position, and two part-time Building Plans Examiner III positions to one fulltime Building Plans Examiner I position. Motion carried and ordered unanimously.

PERMISSION TO SELECT AT ABOVE MINIMUM PAY RANGE, RE: DEPUTY
BUILDING OFFICIAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize selecting a Deputy Building Official at 45% above the minimum pay range for the classification, setting the starting annual salary at $65,073.04. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: EVALUATION AND APPRAISAL REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the proposed outlined tasks for preparing the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan, as follows: (1) identify an initial list of major community planning issues compiled by applicable County staff; (2) review of major issues list by the Board; (3) conduct public workshop(s); (4) convene Planning and Coordinating Committee meeting(s); (5) prepare letter identifying major issues prepared for Department of Community Affairs review after Board approval; (6) prepare draft EAR; (7) conduct public meetings by Citizen Resource Groups and Local Planning Agency; (8) review of draft EAR by the Board; (9) submit draft EAR for initial comments from Department of Community Affairs 90 days prior to the due date; and (10) EAR to be adopted by the Board. Motion carried and ordered unanimously.

AGREEMENT WITH BRPH ARCHITECTS ENGINEERS, INC., RE: TASK ORDER NO.
04-001-02, DESIGN OF ST. JOHNS OUTFALL IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement to Furnish Professional Stormwater Engineering Services with BRPH Architects Engineers, Inc. for Task Order No. 04-001-02, design of stormwater improvements at the St. Johns Outfall located in Crane Creek Drainage Basin. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: ESTABLISHING INITIAL ASSESSMENT FOR INDIAN RIVER ISLES
MAINTENANCE DREDGING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an initial assessment Resolution authorizing the acquisition and construction of assessable improvements consisting of a maintenance dredging within the unincorporated areas of Brevard County District 4 known as the Indian River Isles Maintenance Dredging Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board’s intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements and will be specifically benefited by the completion of said improvements and the portion to be assessed against specifically benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments and providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 05-070.)

RESOLUTION, RE: APPROVING NO PARKING ON STREETS SIGNS IN AUBURN
LAKES SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving installation of “no parking on streets between 12:00 midnight and 7:00 a.m.” signs at the entrance into Auburn Lakes Subdivision, Section 27/34, Township 25, Range 36. Motion carried and ordered unanimously. (See page for Resolution No. 05-071.)

RESOLUTION, RE: APPROVING NO PARKING ON STREETS SIGNS IN GRAND
HAVEN SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving installation of “no parking on streets between 2:00 a.m. and 6:00 a.m.” signs in Grand Haven Subdivision. Motion carried and ordered unanimously. (See page for Resolution No. 05-072.)

AUTHORIZE ISSUANCE OF PURCHASE ORDER TO CONCRETE CONSERVATION, INC.,
RE: REHABILITATION OF MANHOLES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize issuance of a Purchase Order in the amount of $42,159.50 to Concrete Conservation, Inc. based on Jacksonville Electric Authority Bid #WCS-135-02, to rehabilitate manholes. Motion carried and ordered unanimously.

AUTHORIZE PURCHASE FROM STATE CONTRACT, RE: WIDE AREA MOWER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize purchase of a wide-area mower utilizing Hernando County School District Contract. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH CENTRAL SITE CONTRACTORS, INC., RE: PHASE III
SEQUENTIAL WEST SIDE SLOPE CLOSURE AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 with Central Site Contractors, Inc., for Phase III Sequential West Side Slope Closure at the Central Disposal Facility, increasing contract time by 147 days due to national shortage of concrete and changes in top soil to enhance establishment of grass on the west slope, with no increase in the price of the contract. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

TASK ORDER NO. 97-40 WITH NEEL-SCHAFFER, RE: CONVERSION OF SHREDDER
BUILDING AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Task Order No. 97-40 with Neel-Schaffer, Inc. to prepare building plans, acquire any needed permits
or modification of same, and pre-construction phase services for conversion of the old shredder building at the Central Disposal Facility at a cost of $61,800. Motion carried and ordered unanimously. (See page for Task Order No. 97-40.)

AMENDED AND RESTATED AGREEMENT WITH SPACE COAST HABITAT FOR
HUMANITY, INC., RE: CONSTRUCTION OF AFFORDABLE HOUSING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amended and Restated Agreement with Space Coast Habitat for Humanity, Inc. originally approved by the Board on December 17, 2002, for construction of affordable housing to include areas in North Brevard County and reduce the contract amount. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE:
WEATHERIZATION ASSISTANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Florida Department of Community Affairs for the Weatherization Assistance Program, and authorize the Chairman to execute follow-up amendments contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION AND AGREEMENT WITH THE CENTER FOR DRUG FREE LIVING, INC.,
RE: USE OF GIBSON COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Agreement with The Center for Drug Free Living, Inc. for use of a portion of Gibson Community Center from March 22, 2005 through March 31, 2006, with provision for annual renewals by the Parks and Recreation Director. Motion carried and ordered unanimously. (See pages for Resolution No. 05-073 and Agreement.)

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SPACE COAST ADVERTISING,
INC., RE: SCAT MARKETING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement to Extend Existing Contract with Space Coast Advertising, Inc. for marketing and advertising services for Space Coast Area Transit (SCAT) for an additional three months to June 30, 2005. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: AUTHORIZING TAX EXEMPT COMMERCIAL PAPER LOAN
FOR SELECT CAPITAL PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing commercial paper loan for the Indian River Isles Canal Dredging MSBU project and acquisition and repair of the Pritchard House by the Parks and Recreation Department; and authorize the Chairman and County Attorney to sign all necessary loan documents and staff to make necessary budget changes. Motion carried and ordered unanimously. (See page
for Resolution No. 05-074.)

EXTENSION OF TIME FOR REPORT AND AUTHORIZE CERTAIN ACTIONS, RE:
JAIL EXPANSION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to allow an additional 30 days for staff to return to the Board with a report on more comprehensive construction and operating costs for the Jail Expansion Project; and authorize certain actions to allow staff to proceed with implementation of the expansion plan. Motion carried and ordered unanimously.

AGREEMENT WITH HOLLAND & KNIGHT, LLP, RE: BOND COUNSEL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Holland & Knight, LLP, to provide bond counsel services. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL TO SCHEDULE, RE: HURRICANE WORKSHOP

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize scheduling a hurricane workshop on May 2, 2005, at 1:00 p.m. in the Florida Room. Motion carried and ordered unanimously.

CONFIRM APPOINTMENT, RE: PLANNING AND ZONING DIRECTOR

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to confirm the appointment of Robin Sobrino as the Director of the Planning and Zoning Office effective March 22, 2005. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MELBOURNE VILLAGE, RE: TRAINING SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Town of Melbourne Village for automatic external defibrillator and Combi-tube training at no charge to the Town. Motion carried and ordered unanimously. (See page
for Agreement.)

REPLACEMENT OF EXHIBIT B, RE: CONTRACT WITH COASTAL HEALTH SYSTEMS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve replacement of the current Exhibit B to Contract with Coastal Health Systems, Inc. approved by the Board on December 14, 2004, with a new Exhibit B, Patient Transport Standards, which better illustrates Coastal’s operation. Motion carried and ordered unanimously. (See page
for Exhibit B.)

AGREEMENT WITH CITY OF SATELLITE BEACH, RE: AUTOMATIC AID

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Automatic Aid Agreement with City of Satellite Beach for fire protection; and authorize the County Manager or designee to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENTS WITH MUNICIPALITIES, RE: FIRST RESPONDER PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute First Responder Agreements for FY 2004-05 with Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, Satellite Beach, and Titusville, and Town of Indialantic. Motion carried and ordered unanimously. (See pages
for Agreements.)

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint and/or reappoint David Lightholder to the Building and Construction Advisory Board with term expiring December 31, 2005; Murray Hann, Beverly Pineyard, Paul A. Saia, Christine R. Schnitzer, Steven Webster, Dorn Whitmore, Mark Nathan, and Eve Owens to the EELS Program Recreation and Education Advisory Committee, with terms expiring December 31, 2005; Amy Elliott and Steve Phelps to the Investment Committee with terms expiring December 31, 2005; and Maureen Rupe to the Landscaping, Land Clearing, and Tree Protection Task Force, with term expiring August 31, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the bills and Budget Change Requests as submitted. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Change Requests.)

REPORT, RE: WITHDRAWAL OF AGENDA ITEM

Interim County Manager Peggy Busacca advised Item IV.A.9., Waiver of Vegetative Buffer Requirement for Buck Run Subdivision, was withdrawn from the Agenda by staff.

DISCUSSION, RE: PROPOSED ORDINANCE ESTABLISHING FIFTH CENT TOURIST
DEVELOPMENT TAX FOR TOURISM PROMOTION AND ADVERTISING, AND
REALLOCATION OF REVENUE FROM THIRD CENT TOURIST DEVELOPMENT TAX

Roger Dobson advised he owns several hotels in Cocoa Beach, is a member of the TDC and has been for a number of years, and is Chairman of the Beach Improvement Subcommittee. He stated each Commissioner, with the exception of Commissioner Colon, has sat on the TDC at one time or another; Commissioner Colon knows the tourism business; the TDC members take their job seriously; and tourism is a valuable industry to Brevard County, which is recognized by everybody here. Commissioner Voltz stated Mr. Dobson is also a former County Commissioner, and she did not want to leave that out. Mr. Dobson stated sometimes one tries to hide the past; and Commissioner Voltz will understand what he is saying one day, although she has experienced being a former County Commissioner. Mr. Dobson stated the Board has an opportunity to do something for tourism, beach renourishment, the arts, and capital facilities; the Legislature allows the Board to pass an additional 5th cent by super majority vote; and that is to be used for marketing. He stated the TDC is proposing that the Board pass the 5th cent to give it some flexibility with the tourism tax and reallocate the third cent, which the Board can do by super majority vote. He stated the first two cents of the tourism tax were approved by the voters in 1986 with an allocation of 45% for marketing, 35% for beach, 7.5% for capital facilities, and 7.5% for a visitor information center; and later the Board, by super majority vote in 1988, passed the third cent, which was distributed mostly to marketing and beach improvement. Mr. Dobson stated the 4th cent supports the baseball stadium; and the TDC is asking the Board to pass the 5th cent. He stated the tourism industry is behind it with the caveat that they come up with an allocation, which the Council has given the Board, that would effectively increase marketing by 50%, beach renourishment by 25%, capital facilities by 10%, visitor information center personnel and operations by 10%, and cultural arts by 5%. He stated it would provide $700,000 additional marketing funds, which TDC would perhaps leverage to more than a million dollars; it has demonstrated that it has done that in the past; and it would provide an additional $350,000 for beach renourishment. He stated the Board has the options of how that might be used; TDC forwarded two options because it felt it was a Board decision that needed to be made; the Board is more aware of the needs and priorities than the TDC is; so it gave the Board those two options. He stated it would provide $140,000 for a visitors information center located on I-95 somewhere, more than likely on the north end of the County; and $70,000 would go to the Cultural Alliance for its good work in the tourism industry. He stated the industry supports the 5th cent; there are some that do not, but the great majority does; and some are represented here today from all parts of the County. He stated the TDC supported the recommendations by an eight-to-one vote; and the one dissenter felt it should all go for marketing.

Jim Ridenour of Melbourne advised he is the TDC Chair and came to talk about a critical issue for the tourism industry and beach renourishment; and requested the Board’s indulgence as he prepared comments to read to the Board and for the record. He read, “The TDC is recommending the Board of County Commissioners extend the current resort tax to 5% in conjunction with redistributing the third cent to allow for additional investment in beach renourishment, cultural tourism, promotion and advertising, a visitors information center, and capital facilities. Further, the TDC requests the Board continue to allocate 15% of the third cent to the Brevard Zoo in perpetuity. As far as promotion and advertising return on investment, the Zimmerman Agency, the Office of Tourism’s advertising and public relations agency, estimates additional marketing dollars from the 5th cent would generate 34.7 million advertising impressions. Conservatively, this would generate a 6% increase in inquiries. According to the recent Randall Marketing Strategic Study, this increase in inquiries could generate annually 11 to 13 million in direct spending, which is a 20 to 1 return on investment. As for the visitors center return on investment, Visit Florida, the State’s official tourism marketing organization, shows through extensive research that visitors information centers generate additional room nights and economic impact to destinations they represent. A visitors center on SR 50 and I-95 could draw an estimated 1 to 2% of the 16 million motorists driving through that intersection annually. According to Visit Florida’s research and the Randall Marketing Study, SR 50/I-95 visitors center could general an additional $4.5 million in direct spending, which is a 12 to 1 return on investment. The 5th cent and its return on investment are key to sustaining and growing tourism in Brevard County, and the TDC urges your support on this critical proposal.”

Carol Lee, representing Best Western Shuttle Inn in Titusville, advised she is on the Marketing Committee for the TDC; in promoting her hotel and the Best Western brand, she travels a lot domestically and internationally; in her travels she finds it disappointing that the other Florida beach counties are always visible and in personal contact with the tour operators and general traveling public; and the absence of the Space Coast is glaring. She stated the absence is not for want of being there; the money is simply not in the budget to include those efforts; and urged the Board to support the addition of the bed tax for marketing and reallocation of the third cent as requested by the TDC. She stated she specifically supports building of the visitors information center in the northern part of the County; many cars pass through that gateway; and there is nothing to entice them from the highway to stay overnight and visit the attractions and restaurants of Brevard County. She stated she joins with the hoteliers in Titusville to encourage the Board to proceed with the passage and reallocation as recommended by the TDC.

Shay Baranowski of Cocoa Beach, General Manager of Holiday Inn Cocoa Beach Oceanfront Resort, at last count the largest resort hotel in Brevard County, stated he is here to support the increase in bed tax. He stated counties to the north, such as Volusia, are running at 12.5%; St. Augustine is running 9%; and 5% is about the average for the State. He stated Brevard County, like other counties in Florida, is trying to maintain a natural environment while having sophisticated infrastructure; and tourism is the best industry to contribute to that. He stated he absolutely supports welcome centers, and throws in his hat to make sure it happens.

Ingrid Matta, Board member of Brevard Zoo, stated on behalf of the Zoo Director and its Board of Directors, she requests the Board accept their unanimous support of the TDC recommendation to extend the current resort tax to 5%, in conjunction with redistribution of the third cent to allow for additional investment in beach renourishment, cultural tourism, promotion and advertising, visitors information center, and capital facilities. She stated the Zoo’s Director and Executive Director are putting the finishing touches on a very ambitious and impressive master plan; the master plan insures that this very important community asset will be viable and growing for generations to come. Ms. Matta stated Brevard zoo supports this initiative because additional dollars will be available to promote the Space Coast, and a highly-visible visitors center will result in increased attendance at the Zoo. She stated she also represents Brevard Community College; it has been a proud partner in the Zoo’s continual educational presence in the County; the Board can join her in applauding its efforts; and requested the Board to please support the tax as presented today.

Kay Burk, President and CEO of Brevard Cultural Alliance, stated the Alliance has been a partner with the TDC since the inception of the Tourism Development Program in Brevard County in 1987 following its passage in 1986; they worked diligently to help get the Program passed in 1986; and she is here to express their support of the fifth cent being added to the Tourism Program and also to recommend the reallocation of the third cent and a study of the reallocation of the fourth cent in order to allow additional funding from the third cent to be added to the beach money. She stated the fourth cent is not one of the options, but they think that would be an additional option. She stated the Board might expect that she would say she spotted more money to add to arts and culture, but to have the most equitable distribution and do the greater good for the community, she is recommending the Board think through this thoroughly as it makes its decisions. She stated she is here primarily to recommend the fifth cent, reallocation of the third cent, and careful thought about the fourth cent.

Bill Bieberbach, Vice President of Ron Jon’s Surf Shop, stated he is here to support the TDC’s proposal on the fifth and third cents; he serves on the Board at the Zoo and is involved with Boy Scouts and Hobbs Seaworld Research Institute that is going to build a facility in South Brevard.

Laurilee Thompson stated her family owns Dixie Crossroads in Titusville and she is a member of the TDC. She stated the TDC just did the Randall Travel Marketing Report; and it was very extensive and revealed a lot of facts about tourism in the County. She stated one glaring fact that was revealed is that there is a disconnect between tourism activities available in Brevard County and awareness of visitors that those venues exist. She stated one of the survey questions asked of recent visitors was what activities are missing in Brevard County that they would like to see; high on the list were more festivals and events and guided boat tours; and if the Commissioners have seen the BCA calendar publication, they would know what a difficult decision it is to choose which of Brevard’s many festivals and events that take place virtually every weekend that they would want to attend. Ms. Thompson stated there are many struggling boat tour operators who would welcome more business if people knew they were there; and she is sure the museums and attractions could accommodate more visitors, and she has plenty of rock shrimp to feed them. She stated the addition of the fifth cent and reallocation of the third cent would provide much needed funding for Brevard Cultural Alliance to increase its promotion of festivals, events, and cultural attractions; it would provide additional revenue for promotion of nature-based businesses and the world-class natural areas of Brevard County; the Zoo will be assured of a permanent funding source; and additional money will be available to help put sand on the beaches. Ms. Thompson stated the economic benefits of tourism welcome centers through extended visitor stays is well documented; the additional money will enable them to build a first class welcome facility in the north end of the County as well as enhance tourism promotional efforts of the County’s Chambers of Commerce; and all that can be done at no cost to the Brevard County residents.

Hal Manns, retired Army Colonel, stated he lives in South Patrick Shores, is working with Save Our Seashores group, and wanted to talk about this item and the redistribution of the fourth cent that will follow shortly. He stated he appreciates what the Board, County Manager’s Office, Natural Resources Office, and TDC have done for them as far as beach renourishment; it is all very positive; unfortunately some past Ordinances have not done as well. He stated they think it is important that beach renourishment be done; the fifth, third, and fourth cents all happen to raise money for beach renourishment not only for emergencies that they have right now, but also for the long term; so the money is necessary for the short term and long term. He stated they realize the vulnerability of the beaches for both public access and commercial and private property owners there, as well as turtle nesting that has to be taken care of; the infrastructure, water and sewer, and tourism for the whole area depends upon having a decent beach; and he would appreciate the Board’s approval.

Motion by Commissioner Scarborough, to authorize staff to prepare a statement of legislative intent and advertise a public hearing to consider an ordinance amending Section 102-117, Brevard County Code, to levy and impose a fifth cent tourist development tax for Brevard County tourism promotion; and authorize amending Brevard County Code Section 102-119(4), Budget Plan, to reallocate the net revenue derived from the third cent tourist development tax as recommended by the Tourism Development Council.

Commissioner Scarborough stated the Board will have the Randall Report presented to it and will understand all the implications to be able to discuss the issue further.

Commissioner Carlson stated she does not have a problem with what the TDC presented or the fifth cent, but has been wondering in terms of how the Board is going to look at the fourth cent because of the need for beach renourishment. She stated the next item does provide for the reallocation of the fourth cent; and inquired if the Board wants to handle that. Commissioner Scarborough stated he got a little confused about all the different things; he understands there is a third option if the Board gets to the next item; but he just wants to move the fifth cent because it is the people who come in and pay for the rooms who pay for it, but there is a profound impact to every resident of the County.

Commissioner Carlson seconded the motion for discussion.

Commissioner Carlson stated she would like to see the Zoo come in with its presentation of what it would like to do on an ongoing basis with those dollars. She stated when it did the Africa Exhibit, the Board got a full-blown presentation; she would like to see that and will be happy to work with them and make sure they come to the next meeting; and she would like to get with them on the Zoo trails and that partnership. She stated there is a need for a visitors center; and she would be happy to coordinate that in her office. Chairman Pritchard stated that is fine.

Interim County Manager Peggy Busacca inquired if the motion includes permission to advertise a public hearing on the ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to amend the motion to include permission to advertise a public hearing to consider an ordinance establishing the fifth cent tourist development tax. Motion carried and ordered unanimously.

Chairman Pritchard called for a vote on the motion as amended. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: MID REACH BEACH RENOURISHMENT EMERGENCY
SAND FUNDING OPTIONS

Commissioner Scarborough stated he was advised, when he talked to staff and Mr. Knox, that the Board can talk about Option 1, but it has not passed the fifth cent and would be talking about something that may happen. He stated there is a capacity to be more creative than what is suggested and perhaps get more money for beach sand; and Tourist Development Executive Director Rob Varley can address a blend of the options.

Mr. Varley advised Commissioner Scarborough is correct about putting the cart before the horse; they talked about Option 1 before passing on the fifth cent; however, staff’s recommendation about the third cent redistribution allows more dollars for beaches; and they looked at the possibility of the fourth cent, which is for baseball, but the stadium bond payment is about $800,000 and they have $2 million in the account so they think there could be an availability of additional dollars from the fourth cent. He stated it will have to go for marketing and put more dollars into the beach if the Board wants to combine the options and recommend to staff to proceed with intent to go after the third and four cents reallocations as suggested.

Chairman Pritchard inquired if Mr. Varley discussed it with the TDC; with Mr. Varley responding they discussed the fourth cent, but no vote or recommendation was made on it; they did in the past proceed and had the bond holder agree that they could use money out of the fourth cent; but major league baseball was concerned about not having the $2 million in the RR account; however that concern has gone away. Mr. Varley noted they did discuss it before and everyone was in favor.

Assistant County Manager Stockton Whitten advised the necessary actions are to initiate additional commercial paper draw for emergency sand, amend the Ordinance for the third and fourth cents, amend the Bond Resolution for the fourth cent, and initiate budget actions.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to initiate additional commercial paper draw of $3.4 million for emergency sand; amend the appropriate Ordinance for the third and fourth cents tourist development tax; amend the Bond Resolution for the fourth cent; and initiate necessary budget actions. Motion carried and ordered unanimously.

Chairman Pritchard thanked everyone for coming to the meeting on behalf of tourism in Brevard County.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: PRESERVE
POINT SUBDIVISION

Bette Danse of Merritt Island requested the Board’s consideration of a Binding Development Plan for the new Subdivision called Preserve Point along Pine Island Road. She stated she recently submitted a petition with over 160 Pine Island Road residents who signed it opposed to more traffic generated by new housing units on this very dangerous road; and they appreciate what Chairman Pritchard is considering doing with the road, as she knows that is in the works. She stated the questions before the Board indicate issues of concern; the responses in blue are from various County Departments; the first question is does the access to this new subdivision have to be on Pine Island Road; and the response was it is the only access possible as it does not abut any other properties or rights-of-way. She stated that means all the people will be coming out of that subdivision onto Pine Island Road; and that would be 120 more vehicles because it is 107 acres with 59 lots of half to one acre zoned AU and RR-1. She stated the second question is will there be access between Pine Island Road and Whaley Road or Colony Park; and the response was it does not abut Whaley or Colony Park; but that does not preclude a potential right-of-way access in the future through a land sale, which means the traffic could go from Pine Island Road through to Whaley Road down to SR 3. She noted that would be a merry-go-round of traffic going out to Pine Island Road Conservation area, which is a significant situation to deal with as far as the County’s liability goes. Ms. Danse stated the third question is who is responsible for the open space citrus grove when Watson decides to not continue citrus operations, and will it grow wild and become a nuisance. She stated she was told there are provisions in a management plan; however, a management plan is not a binding development plan; it is a management plan required under the Open Space Subdivision Ordinance through Natural Resources; and there is no Binding Development Plan in the works. She stated she supposes it has been called Preserve Point because some of the working citrus groves will be kept working; but obviously a significant number of the 107 acres will be covered by cement; and the fact that the management plan does not include a binding development plan worries a lot of the residents in terms of what is going to happen in the future. Ms. Danse stated the next question is about the diesel pump used for agriculture located on Pine Island Road; every time she goes up and down that road, she hears the pump; three different Departments she called asked what diesel pump; but there is a diesel pump there that has been used for water retention purposes for working in the groves. She stated she was assured any diesel contamination would be regulated under the Florida Statutes via Natural Resources Environmental Remediation and Compliance; and inquired what is in the works for that pump and is it in the plan or not in the plan. She stated nobody in the neighborhood knows where the Subdivision is going to be located, and even when she called to get a specific address she did not get an address. She stated there is no address until it goes through the Board’s approval; they have a basic idea where 107 acres are, but not where the Subdivision will be. She stated the next question is why are the plans not open to public and neighborhood review; they were told the Zoning regulations are already in place; compliance reviews occur in all Departments; it went through four reviews; and a public review period must be requested through the County Commission. She stated that is something they are learning about; they did not know they could do that; they certainly would like to be able to, when subdivisions are proposed, fine tune them a little and ask how about doing this or that; and inquired if they could please be included. She requested the Board require a binding development plan for the subdivision; and stated she would appreciate its consideration of that.

Interim Permitting and Enforcement Director Ed Lyon advised the developers met all the requirements and the Ordinances; and they followed the minimum requirements for the proposed Subdivision.

Commissioner Carlson inquired if there was a rezoning associated with the subdivision; with Planner Alan Woolwich responding there was no rezoning request with the Subdivision application; it has two zoning classifications, RR-1 and AU; and it is utilizing the Open Space Subdivision Ordinance. Commissioner Carlson stated normally when there is a rezoning request, the Board applies a binding development plan that comes back for review and approval by the Board; but under the law they were able to do what they are doing; and they are using the Open Space Subdivision Ordinance. She stated she does not know if any of the comments from Ms. Danse can be addressed under the Open Space Subdivision Ordinance regarding the working citrus groves, what would happen after that, and what kind of deal there is there. Mr. Woolwich stated the common open space is designated on the plans; and there are management requirements for each designated tract depending on the type of habitat and/or use that goes on there. He stated that will be filed on the land records and with the plat; there are a range of uses that can happen in there if they so choose; but if they change significantly, they have to come back to staff for revisions. Commissioner Carlson inquired if that would require replatting; with Mr. Woolwich responding no.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant final engineering and preliminary plat approvals for Preserve Point Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining necessary jurisdictional permits.

Commissioner Scarborough stated at this point the Board cannot impose a binding development plan; that is part of rezoning; and at this point the developers have met the requirements and the board is compelled to grant the approvals.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: BRISBANE ISLE,
PHASE 2

Edward Slaney of Melbourne stated Mr. Rockwell told him he did not expect the item to come up until 2:00 p.m. and he had to go back to work. Commissioner Carlson stated Mr. Rockwell asked her and she told him she could not make any guarantees, but she could make some estimates; however, she did not know the Consent Items that were pulled by the public would come up right after the time certain.

Mr. Slaney stated eagles on the property should be held in high esteem; the Board just honored a couple of Eagle Scouts this morning; and to dispel the myth that eagles are being used to stop or slow growth, everyone knows there is a list of growth issues that include roads, schools, water, etc. that surpasses any impact the eagles have; but that does not mean it is okay to kill the eagles, their eggs, and offspring for the sake of development or encroach on their protection zones. He stated eagles have made a strong recovery in Florida; ironically as they do so, the uncontrolled growth is putting more pressure on present and future nest sites; the story will not end here; and it is incumbent upon the Board to take appropriate action in whatever form that may be to insure measurements of safety for the eagles. He stated he received several calls from folks in Merritt Island and Valkaria asking about the eagles in their areas, and he had no positive answers to assure them the eagles were safe and will be protected.

Hugh Evans, representing Sawgrass Land Development, stated he wants to update the Board on the biology of the birds; it is exactly as their biologist predicted that the owls would leave the nest in two years; and the pair has taken back 17A, which is the original nesting site that is there. He stated they also had at least one chick and maybe two, identified to be about a week old; and they are doing very well and seem to be happy. He stated part of the development plan is the roosting tree that is 150 feet from Mr. Rockwell’s house is maintained until they get another permit from the federal government to remove that tree; and there are three lots that have to remain uncleared and undeveloped until that additional permit is obtained. He stated it is one of four eagles’ nesting areas; they had six chicks this year; three of the nests are in Brevard County and one outside of Brevard County; but the eagle has done very well and is coming back very strongly. Mr. Evans stated he does not know what happened to the owls, but they did leave and the eagles are back to where they originally built the nest at 17A. He urged the Board to approve the request; and stated he will answer any questions.

Commissioner Carlson stated she appreciates Mr. Evans hanging on through the timeframe that it has taken to get here; the Board was looking for some reprieve in the courts but did not receive it; and she needs a question answered as far as the roosting tree. She inquired if there is a timeframe where no construction can happen around the foraging tree.

Interim County Manager Peggy Busacca advised the biological opinion that was provided to the Board states that the nesting habitat includes the nest tree, perch, and roost sites, but usually does not include foraging areas. Commissioner Carlson requested an update from Natural Resources on the record. Natural Resources Management Director Ernie Brown advised Mr. Lyon may be better apt to answer that question, but there are documented fledglings in that original nest at this point. Interim Permitting and Enforcement Director Ed Lyon advised Lots 8, 9, 10, and 11 all have to be preserved for the nest; and he does not recall which lot the tree is on, but it is within that buffer area. He stated in addition, there are requirements from Fish and Wildlife Services and a management document on what they can and cannot do; and until they meet all those requirements, they would not be able to remove that tree. Commissioner Carlson inquired when the eagles actually fledge, is there a timeframe where no activity can occur; with Mr. Lyon responding normally there is, and he does not know the specific timeframe, but they normally have that in there. He noted he can review that document. Commissioner Carlson inquired if that will be part of the process; with Mr. Lyon responding yes.

Commissioner Carlson stated when looking at the Endangered Species Act, it is interesting to note that one eagle is not going to make the difference in the species; but if that is the way the Endangered Species Act is actually written, then they are talking about the demise of eagles sooner or later unless the Board can preserve the habitat, which is what it obviously needs to do. She stated the Board is going down the right path with an eagle management plan; and requested staff update the Board on that plan.

Mr. Brown stated with regard to the threatened/endangered species management plan in accordance with the Comprehensive Plan, staff is looking at how to construct a legislative intent to bring back to the Board to look at how it will deal with threatened and endangered species both individually and collectively to try and have a more comprehensive approach to its management. He stated hopefully by next month they will have the legislative intent for the Board.

Mr. Evans stated the protection of the 17B site is due to the partial nest and really not for roosting or any other purpose.

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approvals for Brisbane Isle, Phase 2, subject to minor engineering changes as applicable, and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered; Commissioners Carlson and Colon voted nay.

PRESENTATIONS, RE: EXECUTIVE SEARCH SERVICES PROPOSALS

Commissioner Scarborough inquired if it is the Board’s desire to have a motion on who to hire or will Commissioners rank the firms; with Commissioner Voltz responding she likes the idea of ranking. Commissioner Scarborough inquired if staff can prepare a ranking format; with Chairman Pritchard responding that will be great.

Central Services Director Steve Stultz advised the representatives from all three firms, out of professional courtesy, would like to hear one presentation at a time and the other two not be in the room; they elected to do that; and recommended Colin Baenziger & Associates be heard first.

Chairman Pritchard advised the meeting is broadcast in the lobby, so they could go and have lunch while the Board hears from Colin Baenziger; then it will hear from MGT, and lastly The Mercer Group. Commissioner Carlson inquired about the time limit; with Chairman Pritchard responding the Board will allocate 15 minutes for the presentation; and the Commissioners can ask questions, but there will be no rebuttals.

Baenziger & Associates

Colin Baenziger distributed material to the Board, but not the Clerk; advised he is principal owner of Colin Baenziger & Associates; and thanked the Board for inviting them and for the opportunity to sit through the meeting. He stated it has been quite interesting; he is impressed about how the Board handles its business; and he learned quite a bit. He stated he did not know where Ponce de Leon landed; he was impressed with Mr. Kennedy’s presentation on NASA; and he will look into entering a duck in the race because it would only be fair that Commissioner Pritchard does not finish last again. He stated he will work from the booklet he presented; Colin Baenziger & Associates is a Florida-based firm; most of their work, but not all of it, has been done in Florida, which is not to say they do not recruit nationally; but they feel they would like to focus on one area. He stated it started seven years ago; perhaps someday they will move into a national spectrum; but at the present time they are petty much focused on Florida. He stated their goal is to be recognized as the preeminent governmental search firm in the State; they have come a long way towards achieving that goal in the last seven years; and over the last three years they have done more city managers, county managers, and special district level searches than any other firm. Mr. Baenziger stated their focus is on providing the highest level of consulting expertise and quality service for their customers and clients because they have to; they are known in Florida, and if they screw up, everybody knows it; and they cannot jet across the country and go somewhere else. He stated they want to make sure that their clients are not just satisfied but are out there touting the firm and making the world know about their abilities. He stated what sets them apart is tailoring their approach to the particular client; they worked with Nassau County and Monroe County; they are very different counties from Brevard County; so they would be looking for a different kind of person. Mr. Baenzinger stated they want to understand the Board and the dynamics because that is how they determine who is going to fit well; then they go out and get that person. He stated their goal is to present the Board with five top-notch candidates, so it can pick from any one of them and know it will have a person they feel most comfortable with and that person will be able to do the job; so in a sense the Board cannot make a mistake. He stated one of the other things that separate his firm is the information and advice they are able to give; they have done a lot of the researches, particularly in the last three years; and one other thing they do that he does not think others do is maintain a database of compensation packages for Florida city and county managers. He stated they would have to augment for this search because it is a different group than what they have dealt with in the past; but that way they can speak with authority when it comes time to negotiate a contract as to what is reasonable and what is not. He stated they are very thorough; an example of that is their background checks; when they do background checks, they try to talk to about 15 to 20 people of the county; and they are out there actively searching so they know something about most of the candidates except those who apply based on the ad. He stated they try to talk to the county commissioners, county attorney, external auditors, community activists, local press, local chamber of commerce, employees, peers, etc.; and the bottom line is they know those people pretty well by the time they present them to the Board. Mr. Baenziger stated they have never been involved in any litigation except to testify as an expert witness; they offer what they think is the best guarantee in the business; there is a level of trust they have with city and county managers in the State that is probably unparalleled; and part of that comes from the fact that he has been a city manager and understands to some degree what it takes to do the job. He stated he also understands what their needs are; one thing he wants to point out is over the last three years they had three different governments pass resolutions thanking them for outstanding service; and that is unusual, as he does not know of anyone else who had a resolution passed in his or her honor in that regard. He stated the last thing is experience is not on the chart, but they have done more than anyone else in the State of Florida; their process is outlined on page 4; they want to develop a sense of who Brevard County is; there are a couple of reasons for that; and first they want to find the best candidates for the Board. He stated the other thing is if they are out there aggressively seeking candidates, they want to know what kind of Board he or she is going to be working for, what is its strengths, weaknesses, priorities, issues, concerns, etc.; and they want to be in a position to be able to give them a frank and honest appraisal of the Board. He stated they need to spend time with the Commissioners to get to know them. He stated they also attend county commission meetings on a regular basis to get a feel of the group dynamics; and this is his second meeting of this Board. He stated part of the process is to develop a compensation package, something that is reasonable for a county such as this; and they will finalize the recruitment schedule. Mr. Baenziger stated the next trick is to actually go out and develop a list of strong candidates; they do that by aggressively networking to try and find people who are a good fit and understand what they are looking for; they advertise in the Trade Press occasionally; and if they find good people in the Trade Press, they review their database. He stated they try to keep track of good candidates; for example, Henry Hill left Melbourne about two years ago; and they talk to him regularly because they know he is interested in coming back to Florida when the right opportunity presents itself. He noted this might be such an opportunity. Mr. Baenziger noted Pam Brancasio in Bay County, who was formerly from Charlotte County, might be a good candidate for this job; she is the kind of person they are actively seeking out; and once they get the resumes, they have a completely open process. He stated they solicit resumes by e-mail; that is the only way they take them; and that puts them in the position of being able to forward the resumes as they come in to the County and anyone who wants to be informed of what is going on and what the status is. He stated they are going to keep the Board up to date at meetings and through telephone calls; and it is also an opportunity for the Commissioners to actually review the resumes if they so desire. He stated they welcome any input the Commissioners have because they are not perfect; the Commissioners may see something because they know their community better; the resume may say it is somebody they should look at; so they try and keep the process completely open. He stated they will also give the Board a list of the candidates and brief descriptions of each who applied; they try to identify ten or so that look the best; sometimes it is eight or twelve, depending on the recruitment; and they try to write a tight ad so they do not get 1,000 resumes. He stated they write something that is targeted so people know what they are getting into and what to expect; so they tend to get between 40 and 60 resumes. He stated they do background checks, internet checks, newspaper checks, criminal, civil, and driving records checks, and credit checks because they found that over time people who cannot manage their own money probably cannot manage the county’s money. Mr. Baenziger stated they will sit with each Commissioner and go over the candidates’ backgrounds, strengths, and weaknesses one-on-one, so they can ask frank questions, because in a meeting setting, sometimes people get hesitant about asking what they want to know. He stated once that happens, they will assist in the interview process, set up the schedule, prepare a list of questions the Commissioners may want to ask, and will give each Commissioner a list of questions they should not ask because of employment laws. He stated they will participate in the interviews in terms of coordinating; and once the interviews are done, they suggest the Board take a break for a couple of days. He stated they have a straightforward process in order to make the selection and think the Commissioners should sleep on that decision; and they will help negotiate the contract and will provide continuing assistance. He stated on page 6 there is a possible project schedule; they would like to start tomorrow or the next day if the Commissioners are available; they have scheduled interviews on May 27 and 28, but it is the Memorial Day holiday time, so the Board may want to change it as some elected bodies may be out of town; but they would just as soon go forward and get it done. He stated the schedule is tentative, and Commissioners can see if it meets with their schedules; he would be the primary involved in the search; Sam Kissinger worked with him in the past and is the deputy project manager who checks quality control and interviews all candidates, etc.; and they have three other people who will be involved, Teresa Timms, who worked on 15 of their searches; Katherine Knudson, who worked on about 20; and Mary Greenwood, who is relatively new, and has been involved in five searches. He stated they help with interviews and background checks, talk to references, etc.; and the references are people they tell the candidates they want to talk to because they do not want to talk to their five best friends. Mr. Baenziger stated their fee is $17,500; it includes everything associated with the search except the costs associated with the interview week and the cost of bringing the candidates here; and they recommend the spouses be invited and a social function be planned to see how they act in a public setting. He stated one-on-one interviews are a true test of how they get along with Commissioners and if there is a chemistry there. He stated they also recommend a meeting setting for interview questions to give the public the opportunity to see who may be their next county manager. He advised page 9 lists their recent recruitments, including one just hired by Broward County; they are doing work with them to find department heads; and Raymond James & Associates, a large financial firm in Tampa/St. Petersburg area with 3,600 employees in Florida, just hired them. Mr. Baenziger stated they usually do not do private-sector work because it is not their market, but they are looking for people who have public service experience and can make the transition into the private sector to help them market their services to governments. He stated page 11 lists their placements; and the purpose of showing the Board that is because they are a Florida-based firm and most of their work is limited to Florida, but they have a national outreach.

Chairman Pritchard stated on page 5 is Task 9, which says, “We believe our job does not end when the manager signs a contract”; and inquired if they also have a guarantee if within 12 months of taking on the new assignment the person opts to leave; with Mr. Baenziger responding that is correct; they will replace that person at no cost; and they will do the ad and the whole thing over again. Mr. Baenziger stated in the second 12 months, if the person leaves, they will repeat the search and ask only for their expenses; and it does not happen very often, which is why they can offer that guarantee. Chairman Pritchard stated page 8 says, “includes all costs except those associated with bringing the candidates”; and inquired if Mr. Baenziger has any idea what that cost would be; with Mr. Baenziger responding it depends on where they are coming from; they tend to emphasize Florida candidates if they are available simply because they already know the scene; and it could cost about $2,000. Chairman Pritchard inquired if the Board would be looking at $20,000 tops; with Mr. Baenziger responding that is about standard across the firms. Commissioner Voltz inquired if that is per person; with Mr. Baenziger responding no, but it may be $3,000, as $2,000 might be a little low. Chairman Pritchard stated the cost would be similar regardless of what firm is selected. He stated he is interested in the private sector; he spoke to Mr. Baenziger about his concerns; and he told him initially to do a good job and find good candidates and he was also interested in the private sector having an opportunity to participate. He stated he appreciates the comment earlier about the private sector and Mr. Baenziger attending the Palm Bay meeting, which was a good move.

Commissioner Carlson stated Mr. Baenziger talked about background checks; and inquired if that includes applicable behavior if it was a previous city manager or someone else who might have been a part of an ethics violation or issue with an elected official or some other form of ethics violation; with Mr. Baenziger responding yes, it does, but the Board has to be careful with those because they can check at the State level and it might have been thrown out on a technicality. Mr. Baenziger stated they can go to the ICMA and check there, but like anything else, when there is a black mark to be concerned about, they have to do their homework; usually they find if they talk to all the elected officials, they get a balance to fit in; they know not every candidate is going to be liked by every elected official; but if they talk to five, they would expect to get a balanced point of view. He stated they talk to the county attorney, external auditor, chamber director, etc.; and if they find any significant weaknesses, they exclude that candidate. He stated if they are not significant, they want to know about them and tell the Board what they are; and there have been times when a board went ahead with the candidate where they said the person is not strong in the budget area or hiring area; so if the Board hires the person, those are two areas it needs to be sure are covered to balance that weakness.

Commissioner Scarborough stated one of the things that happens in life is people begin to take things for granted; someone coming in from outside of Brevard County would recognize things that he would not because he lives here; and inquired to what extent does Mr. Baenziger look at comparative demographics in addition to the subjective views of five persons who may have become used to it. Mr. Baenziger stated that is important; they have a number of people they know in Brevard County; one who may not be on the Board’s good list right now is Lee Feldman who they placed in Palm Bay; and George Hunt in Barefoot Bay is someone they have looked at. Commissioner Scarborough stated they do look at data, educational attainment, SAT scores, the composition of people in Brevard County, etc.; since he has been involved with MyRegion.com, he recognized Brevard County is a unique county in the State because it has average persons with higher wages and a different type of person with different demands of the County. He stated he has not lived any place but Brevard County; he has gone to other places; and the only way he knows the difference is through the demographics that are shared when he meets with Commissioners in other areas. Mr. Baenziger stated they ask for materials from the chamber of commerce, and hopefully there is a demographic profile. Commissioner Scarborough stated that may be okay, but Commissioner Carlson has been involved with Brevard Tomorrow and they have been getting a lot of similar comparative analyses; there is always the danger of not understanding the uniqueness because they find themselves normal; everybody thinks they are normal; therefore, they may be exceptionally well off and not recognize that fact. Mr. Baenziger stated this is one of the few counties that is considerably different than most of the counties he has worked with. Commissioner Scarborough encouraged Mr. Baenziger to go beyond impressions to the analysis of what Brevard County is as a whole. Mr. Baenziger noted they certainly will.

MGT of America

Raul Castro with MGT of America, advised they are very excited to be here to give the Board a presentation for the executive search for a county manager in Brevard County; and he understands he has 15 minutes for the presentation so he will go through it and take questions the Board may have. He stated MGT of America was established in 1974 in Tallahassee, Florida, which is their headquarters; it is a national management research consulting firm; they work in the public sector across the country in several different practice areas; and in addition to Tallahassee, they have offices in South Carolina; Austin, Texas; California; Olympia, Washington; and Washinton, D.C. He stated they have over 150 professionals with engagements in 49 of the 50 states and 15 foreign countries; the markets they serve are primarily state and local governments, K-12 education, higher education, and not-for-profit organizations; and in addition to their executive search service, they do management and organizational reviews, analysis and reviews in human resources, strategic planning, specifically in the state and local practice areas, and some technology predominantly in California. He stated they have done some work in Georgia; their facilities studies are headquartered in the Olympia, Washington; and they do space utility studies, facilities planning, program evaluation, and disparity studies. Mr. Castro advised in the presentation are some of their Florida clients; in addition to that list, they are currently engaged with the City of Titusville in its compensation classification study; their executive search includes the City of Fort Lauderdale City Manager; Kennett Square, Pennsylvania; Brazos County, Texas; and Arizona School for the Deaf and the Blind Superintendent search, which is ongoing. He stated each client is unique; their expertise is in the public sector; the company has been around for 30 years; over 90% of their work is in the public sector, state, local, and some federal governments; but they work specifically with state and local governments. He stated their project team listed in the proposal includes Russell Campbell and Project Director Mark Kurfman; both have expertise working with clients; he is a pinch-hitter; and they are the two who will be directing this search in addition to Penny McClesky and their partner AGS, Inc. from San Marcos, Texas that will handle the background inquiries. Mr. Castro stated Task 1 is the time they get a good grasp on the County as a whole, its mission, history, where it is going, concerns and issues, etc. to get a good idea from the Board as to an ideal candidate; they will meet with Commissioners to review the search guidelines and conduct a workshop with the Board as a whole to review the guidelines and get an overall sense of what it is the Board is looking for; then they go on to develop a written organizational review, which will include the history, historic mission goals, as well as different milestones in the County. He stated they will talk about the goals and visions for the future, including stakeholders, County employees, community members, etc. and the Commissioners; the current situation; strategic plan of where the County is going; and the mission focus, etc. He stated they will create a position description with desired experience, key indicators of success, what training might be required, minimum qualifications for the position, all working towards creating an ideal candidate profile; and it will tell them in a nutshell what they are looking for in a county manager. He stated they will put all the information in a package, including the organizational review and different types of requirements for the position, and will give it to the candidates that are selected. Mr. Castro stated they will work with the County giving advice on any compensation package that it will put together and will do housekeeping and confirm time lines. He noted time lines are usually 11 weeks and begin once the initial recruitment process has taken place. He stated Task 2 is to prepare and submit advertisements and work with the Board on where to advertise, whether in the print media, electronic media, direct marketing, or whatever the case may be. He stated they will research markets to locate potential qualified applicants; they will go through their networks; they have done a lot of work in the State and have been here for a long time; so they know where the gems might be based on their interactions with different cities and counties, not only in Florida, but across the country. He stated they will help develop those individuals who may not be aware of it, but might need to be recruited regardless of their current employment status; and they will let them know there is potential opportunity for them at the County. He stated they will also create and maintain any documentation regarding any recruits that they have or applicants. Mr. Castro stated the last phase of the process is the selection; and that is where they will go through, screen applicants, and produce a candidate report, which would list comprehensively every person who has expressed an interest or applied, all the information they provided, and any information they have from background checks, and present that to the Board. He stated they will coordinate and arrange a system of interviews, conduct the reference inquiries as given by the applicants, and create a short list of eight to ten applicants for the Board. He stated after they have done that, they will arrange for final interviews; in addition to the biweekly reports, they will give the Board a summary of each interaction they have with the applicants, if they have contact with them during the screening process. He stated their full background assessments could be anything from the media, financial records, court judgments, etc.; they get very involved in the background assessments they do for each candidate and any follow up if they have questions; and the interactions will be documented and sent back in letter form to them. He stated the last thing he wants to mention is their guarantee; no matter how involved or how detailed or how much work they put into a selection process, sometimes things happen; they want to make sure that they guarantee that during the course of one year, if the Board and client are dissatisfied with the position, MGT will conduct another search for free. He stated whatever may happen, they want to make sure they offer that to the Board for the course of one year after the person is placed in the position.

Commissioner Voltz stated there are a number of different searches that MGT has done, and the dollar amounts vary from $8,700 to $31,000; and inquired what is the price for Brevard County’s search; with Mr. Castro responding the range depends on the scope; their price for this project is $25,275, which includes their professional fee, the money they expect to spend for travel, which would be no more than $7,500, and advertising cost. He stated they do not know where the County wants to advertise; and they will work with the Board on that, but any cost for newspaper ads or radio spots would be direct bill to the County. Commissioner Voltz inquired how much would that run; with Mr. Castro responding that is usually no more than $3,000, depending on what avenues the County takes in terms of advertising.

Commissioner Scarborough stated he had an experience as Mayor of Titusville of getting a city manager; they did not hire a consultant, but each City Council member visited the communities; one went to Wyoming and one to Texas, etc.; and they were capable of having the Police Department do extensive background investigations. He stated there was a methodology that was developed for them, like talk to their barbers, review the minutes where people were opposing them, talk to them, get to the heart of the matter, and talk to elected officials, and he was tremendously pleased because it was a personal obligation on each of the elected officials. He stated all he is hearing from Mr. Castro is doing something that the Sheriff’s Department can do for the Board; there was no major issue; and inquired what does the Board get from him with the background check that is going to go beyond the superficial. Mr. Castro stated they had similar circumstances with different projects; it has gotten that detailed; the best way their clients put it is actions speak much louder than words; and in terms of going out and talking to them about what they support or not support, what is their level of involvement, etc., they can get to that level if it is the Board’s desire. He stated when they presented their proposal, they framed it so that in the average it is the level of expectation their clients have; they can do that; right now the background check they conduct is to go back and do whether they had criminal arrests, any problems in that regard, have they had issues at their current or past jobs, and it does not go deeper than that. He stated they can go deeper if it is the desire of the Board; they have partners they can use to go out and visit personally with candidates; they can arrange for Commissioners who want to take that on and visit the cities and counties where applicants currently work or have worked; and they can go as deep as the Board likes, but for the purpose of the proposal, they kept it at a level that is acceptable to most clients.

Chairman Pritchard inquired if the proposed fee includes the candidates coming to Brevard County and their travel; with Mr. Castro responding no, it does not. Chairman Pritchard inquired what is the estimated cost of their travel; with Mr. Castro responding there are time factors that go into that; and if they can arrange it so they have enough time, it would be no more than $300 to $400. Chairman Pritchard inquired if that is per candidate; with Mr. Castro responding yes, it has been their experience, especially with national searches, that it would be $300 to $400 to travel. Chairman Pritchard inquired if MGT has experience going to the private sector to find someone for public employment; with Mr. Castro responding they did that recently with Citizens Assurance, which is one of the references they put down; it is a quasi-governmental semi-private organization that needed a president; and MGT did that. He stated they searched the private sector, different insurance commissions, presidents of insurance companies; and did include the private sector for that search. He stated no others come to mind, but that one does because it was so recent.

The Mercer Group, Inc.

Tom Freijo, Senior Vice President of The Mercer Group, Inc., advised since the Commissioners had an opportunity to read the proposal, he will just go over a few highlights; The Mercer Group is a nationwide management consulting firm specializing in executive search in the public sector; and Appendix A of the proposal is the number of searches they have conducted over the past several years. He stated there are several critical spots in a search; one is in the beginning of the search; and he would want to meet with each Commissioner individually and talk about what is going on in Brevard County, the issues, the future, its strategic plan, what they are looking for by way of a manager, and get a good feel for who the Commissioners are and what they are looking for so he can focus on specifically the kind of person who is going to be successful in Brevard County as he starts the recruitment. He stated there are managers who can be successful in one place and not in another; it depends on the skill set and background the Board is looking for; and it is important to him to find that out. Mr. Freijo stated the second thing that is important to do at the start of the search is to establish a timeline; searches that tend to go on and on usually do not have good results; and he will bring the Board a proposed time line with all the major activities and specific target dates for those activities. He noted they would make whatever modifications are necessary then agree on those dates and stick by the time line, which would be good for the Board, for him, and for the candidates, as they will know exactly when things were going to happen. He stated he would do the recruitment, advertising, and receive probably 75 to 100 resumes; he would do the screening and compare the paper credentials against the criteria they have established for the position; and he would probably throw out 50 as he goes through the initial screening of people who do not fit. He stated when he gets the list down to about 25, he then calls those people to get additional information on how well they are able to communicate, how clear is their thought process, and clarify any questions on what they have on their resumes. He stated he tries to get a feel of how the person will fit into Brevard County given his understanding of how Brevard County as a community operates. Mr. Freijo stated through that process, he would narrow the list down to 12 to 18 candidates, then would set up a grid and have various criteria the Commissioners said were important on the top and the names on the left side; and he would give the Board specific information about them, such as Florida experience, no Florida experience, number of years of experience, number of years as a manager, etc. He stated in addition, he would put together a one-page summary for each individual as well as the materials they send him; then he wants to meet with the Board as a group in a workshop setting to go over the individuals, talk about them, and let the Board decide which ten it is interested in. He stated at that time he would start the background investigations that would include criminal checks, traffic checks, credit checks, newspaper and internet checks, degree verifications, employment verifications, and the most important, reference checks. He stated when he does reference checks, he asks the candidates to provide him with a list of at least ten names more or less equally divided between individuals who reported to them and individuals to whom they reported; then he talks to those individuals and asks them very pointed questions. He stated they are not general interview questions, but questions about the individual’s strengths, weaknesses, any problems in their backgrounds, why they left employment at that place if they are no longer there, how they get along with their employees, how they go about motivating their employees, how they responded to elected officials, and ways they have shown organizational leadership and moving the organization forward; so by the time he is done with the reference checks, he has a very good feel for what the individuals have been like in prior places of employment. Mr. Freijo stated starting out with ten and doing extensive background research, it would be narrowed down to four to six individuals, as some would drop out on their own. He stated as he continues doing the more in-depth background investigations, he may decide a few of those do not quite fit; through natural attrition and further screening, he would be able to get it down to a manageable number of individuals; and he would propose those to the Board, which might want to invite four or six in for interviews. He stated he would recommend to the Board the procedures it should follow during the interview process; and he would prepare a set of procedures that the Board felt comfortable with. He stated he would work with staff to set up the logistics for all those procedures and would be onsite during the interview process to facilitate and answer any questions the Board might have to help it establish the link between it and the candidate. He stated he would also, if the Board wishes, assist it with negotiations; he used to be a city commissioner and sat on that side of the bench a number of times as the commission invited different firms to bid on different types of jobs that needed to be done; and he often was in the position of saying they have three or four good firms, how do they choose. He noted one thing he tries to do is determine how one compares to the other. Mr. Freijo stated a few things that perhaps make them stand out in comparison to the other firms are they are a national firm with very extensive experience and they also have a Florida office; so the Board has the best of two worlds, a national firm with a local presence. He stated it would be hard to find another firm that has the number of searches they have done, in particular the number of searches in Florida over the last few years; his own personality is such that he has a very high level of contact with both his clients and the candidates; and he is open and honest with all of them. He stated he wants the candidates to understand what Brevard County is like and wants the Board to understand what the candidates are like so it is making decisions with its eyes wide open instead of based on some misconceptions. Mr. Freijo advised in the proposal he said he would meet with the Board a minimum of five times; there are five very critical parts in a search; and he wants to be here meeting with the Board for each one of those. He stated in addition to that, he is an hour and a half away and it is not uncommon, when he does a search, to be with his clients six or ten times if necessary as the situations arise. He stated on the second page is a description of him; there is a listing of a number of searches he conducted over the last few years, nearly all in the State of Florida; he has done work close to home; and he did the city manager placement for the City of Melbourne and the city manager and utilities director placements for Vero Beach recently. He stated page 3 has recent searches done in the State of Florida for all different kinds of positions; and starting on page 5 are the nationwide searches the Mercer Group has done for city and county managers in the last few years. He stated he will be happy to respond to any questions the Board may have.

Commissioner Scarborough stated he asked two questions previously; the first one deals with the background search; the County can do background searches through the Sheriff’s Department; and credit searches are easy to do. He stated the critical thing is to go beyond the surface and talk to a person’s barber, read the minutes of meetings to see where conflicts existed, talk to persons who may have had contrary positions, and talk to elected officials; and inquired if that is part of the background check; with Mr. Freijo responding yes; and criminal, traffic, and credit checks can be done by anyone who is authorized to obtain that information, as it is rather straightforward. He stated the thing he does that most personnel do not do or Sheriff’s offices do not do is the extensive interviews with references. Commissioner Scarborough stated he is not talking about references; that is basically talking to the people who are going to say the right things; and he is referring to talking to someone’s barber or people in the community who may know that the FBI is doing an investigation, or the IRS is investigating a candidate. He stated it may sound strange, but there are subtleties out there that are only picked up if they get into a person’s life; the county manager is going to be key to whether or not Brevard County progresses; it is not just how one Commissioner’s disposition is toward another human being; and he might like the person because they went to the same college; but inquired is he or she the one that is right for the community. Mr. Freijo stated when they do reference checks, it is not a matter of talking to two or three people. Commissioner Scarborough stated if the Board wrote into the contract who it wishes the firm to visit that would be part of the contract and they would undertake that task if specified who they have to see. He stated there is some ambiguity because it is cured with other things; he has a feeling the Board is paying for nothing; and he is almost ready not to hire anyone right now because what he has been hearing is a lot of empty talk. He stated what he heard was the Group would go through what Mr. Abbate can get from the Sheriff’s Department; the firm doing background checks did not come out that strong; he thought the Mercer Group was the strongest firm from the paper; but some of the stuff is making him question whether the Board could not have people internally who could do a better job. He stated the Chairman and Human Resources Director can negotiate a contract; and he is at a loss of why the Board is spending $20,000 and coming up with less than he saw happen in Titusville where they used lay people to go out and work hard to get the right answers. Mr. Freijo stated he is surprised by what Commissioner Scarborough is saying because he knows that in places where he has made presentations before they have checked his references and one of the things that most impressed them about the search was how well they did reference checks; so he is taken aback by what Commissioner Scarborough is saying and does not know how to say that. Mr. Freijo stated to answer the question specifically, if the Board said here is a list of people it wants him to visit, that is not within the scope of or price range he proposed, but if the Board wanted that done and wanted to negotiate a price to do that, it could be done. He stated with the reference checks they do, the Board would wind up with information that is in-depth about the individual. He stated he has not had a placement that he had done anywhere where there has been a question that arose later on about that individual. Commissioner Scarborough stated he does not think Mr. Freijo wants him to go into it, but he will write him and let him know where there are problems. Mr. Freijo stated he would be happy to respond to them here because it may be a point of clarification.

Chairman Pritchard inquired if Mr. Freijo has done any private to public sector recruiting to find a CEO or someone with a private company to move into a public slot such as a county manager or city manager; with Mr. Freijo responding he had a number of candidates who have come from the private sector, but nearly all the clients he had ultimately dismissed those individuals; and they really want someone who has public sector experience because they feel that is absolutely critical to being able to perform in the public sector as there are so many differences between those two realms. Chairman Pritchard inquired if he has a guarantee; with Mr. Freijo responding it is a two-year guarantee. Chairman Pritchard inquired if Mr. Freijo advocates bringing the candidates and their spouses so the Commissioners can meet them and have a function to see how they relate to the community; with Mr. Freijo responding he always advocates a two-day interview process, which would include activities such as having each candidate have a group interview with the Board, one-on-one interviews with Commissioners, and individual meetings with department heads as a group. He stated a community function the evening of the first day of interviews is good, and the Board can invite members of the community to meet the candidates. Chairman Pritchard inquired if the cost for bringing candidates in is included in the price; with Mr. Freijo responding the only thing not included in their price is the travel for the candidates to come to Brevard County for interviews. Chairman Pritchard inquired how much would that cost; with Mr. Freijo responding they do not include it in the price because it varies considerably; someone from California would be quite expensive; but if they are working next door, it could cost virtually nothing. Chairman Pritchard thanked Mr. Freijo for coming; and stated he appreciated the presentation.

Commissioner Scarborough suggested having all three firms come back into the Board Room, noting they have a right to know what the Board’s decision is.

The meeting recessed at 12:50 p.m., and reconvened at 12:56 p.m.

Commissioner Colon stated she will echo the same thing she mentioned at the last meeting; she is perfectly happy with Ms. Busacca if she wants the job; the Board would not force her to do that, but she has been doing such an outstanding job for the Board that she does not think there is any reason why the Board should be hunting for someone from outside of the County. Commissioner Colon stated she appreciates the fact that the gentlemen have taken time out to come to the community; but she does not see why it needs to research to try and get someone outside of the State when it has quality and professionalism in house. She stated it will be more difficult because they will have to learn Florida State laws; a lot of people look good on paper; she has gone through the process so many times; if she felt the Board did not have someone who could do that, she would be excited about going outside; but she feels she had to put her two cents in regarding this issue.

Commissioner Scarborough stated Commissioner Colon may be feeling some of his frustrations; the Board does a lot of things over and over again; the hiring of a manager does not occur every day; he asked Mr. Abbate what things can the County do and not do; and one of the things that came out of the blue is that he said a group from Texas was being hired and sent two people into the community for three days to discuss things. Human Resources Director Frank Abbate advised what he was indicating is that they did have an experience, at least the one that he was familiar with, where they had one of their people in Fire Rescue being considered for a fire chief’s position in a different community; and when they got down to the final candidate, before they made a determination, they sent one or two people from that community here to spend a day or two and talk to people in the community, staff, supervisors, and subordinates to get additional input before the community made a decision as to whether he was the best candidate for them. Commissioner Scarborough stated each firm has given the Board a process; it is important that they talk to the Commissioners and get to know them and talk to people in the community; and there is some demographic information that is well prepared with Brevard Tomorrow being the source. He stated he does not think it is a massive thing to ask; the next thing is advertising; Mr. Abbate can advertise; and the last time he went through the process many years ago, they did it totally in-house and got applications from all over the country. He stated background and credit checks can be done within the County and the Board does not need to hire someone to do that; the position is extremely important; Mr. Abbate said the role the search firms can play is to find persons who would not apply and may need to be drawn out to apply; and that is a vital step that perhaps the County cannot play. He stated the question is do they even care about Brevard County or know the methodology of going into a community any better than anyone else to determine behind the scenes who is saying what about those people; and if they called five of his best friends, they will hear something totally different than if they read the minutes of meetings and called some of those people and ask was he fair, did he disagree, was he arbitrary and capricious in his decisions, etc. He stated there are a multitude of ways of being viewed; the latter part of the process concerns him as well; when the Board hired Mr. Knox he was asked to sit in the meeting; he did not play a role at all; he just sat there; but they negotiated a contract and it was not that complex or detailed. He stated he is of the opinion that unless the Board defines clearly what it is getting for the fee, those people may actually get in the way of what is best for Brevard County; and with that in mind, he is not agreeing with Commissioner Colon but would like to go to the contract first and determine what the Board really needs to buy before it decides what firm it will be. He inquired if staff can do it in-house, why is the Board having someone else do it, and is the Board abrogating its responsibility by hiring someone who is not from Brevard County and is not elected; stated the Board can say it had a professional come in and do it; but that is not what the people asked the Board to do.

Commissioner Carlson stated she agrees on most points but thinks if the Board is going outside and looking for someone, it needs to see where they are coming from and they may not be the ones that are out there with their resumes on the street. She stated most headhunters will call someone if they think the person is the best possible candidate to draw out of his or her current community into somebody else's’ community because maybe the price is right, the location is right, or whatever; and it is an interesting perspective to look at the contract first.

Commissioner Scarborough requested a break to call his office.

The meeting recessed at 1:04 p.m., and reconvened at 1:06 p.m.

Commissioner Colon stated she made a statement and did not get too much feedback from the Board, but she does not know if there is anyone else who feels the same way or if she is not being clear; and Commissioner Scarborough said he did not feel that way so she at least knows how he feels. She stated Ms. Busacca has not said whether she is interested in the position; all she knows is that Ms. Busacca has done a wonderful job so far; and she is extremely grateful for the job that she is doing. She stated if there are other Commissioners that feel the same way, they need to speak up; and if not, the Board would be wasting taxpayers’ money by going through the search. She stated she has been through the process plenty of times with the City of Palm Bay; everybody looks great on paper; she mentioned that before; so she agrees with Commissioner Scarborough that the best way to do it is in-house.

Chairman Pritchard stated he does not think the County has the capability to do it in-house; advised Commissioner Scarborough that Titusville back then is not Brevard County today; they need a professional search manager; they hired a consultant for the jail, insurance, and all kinds of things; and to assume they can do something as important as hiring a county manager for a county of this size doing it in-house flies in the face of all of the other reasons the Board hired outside consultants. He stated the Board even funded Brevard Tomorrow; there are other projects like that; and when it looks at $25,000 for an investment to bring in a county manager who will be overseeing a budget of $860 million, going to $900 million before the end of the year, and a year from then a billion dollar budget, that is a lot of responsibility, along with 2,200 employees; and the Board would be doing a disservice if it did not invest $25,000 to hire a capable search management firm and have it help the Board with the process. He stated he is not saying staff cannot go and talk to someone’s barber or do some of the things that might be extraneous, but that is a small part of the search process; and when they go on a national or State search for someone of that caliber, they want to make sure they are led by someone who has been there and done that before. He stated he would hope Ms. Busacca would be one of the candidates and would go through the process along with others who are selected; it is not degrading to Ms. Busacca who has done a great job; but he cannot help but think maybe there is someone else out there who would be a new set of eyes that would look at some things slightly differently and be able to provide the next level of expertise that the Board needs to get through the next 15 to 20 years. Chairman Pritchard stated if Ms. Busacca applies and goes through the process, it may end up being her; the Board would have invested in Brevard’s future; so he would not support the motion because it would be a disservice.

Commissioner Voltz stated she does not think the Board can effectively do it in-house; Ms. Busacca is doing a good job and has always been responsive; but Ms. Busacca told her she does not have the financial background, and finances are of utmost importance to the community because it translates into taxes. She stated spending $25,000 to have someone do a search would be beneficial as they would do a much better job and be more focused than staff could be; so she would not support the motion.

Commissioner Scarborough stated he can see going with a professional firm if the Board fully understands who can do what functions best; one comment the Board got was that it is almost like buying an illusion; since it is spending $25,000, it assumes it has gotten a professional product; but just because it gets something that looks like a professional product does not mean that it got it. He stated it is profoundly incumbent upon the Board to make sure it does not give those people $25,000 and get a bad manager; the problem is once the Board pays for a product, sometimes it becomes enamored with the PhD’s the person has; and therefore it fails. He stated he does not think the Board is going to walk away from it; so if it is willing to walk the contract route with an understanding that just because they come to the Board does not mean what they have come to the Board with is worth anything. Commissioner Voltz stated if the Board hires someone, it tells the person what it wants the person to do for it rather than the other way around; and Commissioner Scarborough may be right that the Board needs to identify some of the things in the contract. Commissioner Scarborough stated some of the same people in the audience have failed other communities. Commissioner Voltz stated at the same time the board does not know what those communities have asked them to do.

Commissioner Carlson stated she agrees the Board wants someone who will look at the community the persons are coming from and the community the person is going into potentially; and she does not have a problem with looking at the contract and spelling that out. She stated if the Board is concerned about just getting something that is a mirage kind of thing where they come in and do all the work, but it is not necessarily the best person, the Board should give staff direction on what should go into the contract and what would be some of the requirements.

Commissioner Colon stated one of the things that has been said is about a finance background, the Board is the one that sets policy; the Commissioners are responsible for the way they vote; and they should not pass the buck and blame County staff for the condition of the finances of the County. She stated it is the Board that sets the policies; she does not agree with the comments made in the past; what kind of millage and budget the Board is going to pass is determined by the Board and not the County Manager; he or she may have good ideas and comes to the Board; but it is up to the Board whether it wants to go with them or not. Commissioner Colon stated after some of her experiences, it is like hitting the lottery; some are wonderful and some the Board may wish it had not hired; she went through four or five city managers recently; so the process is complex because everyone looks good on paper but the Board does not realize whether or not that person’s personality is going to fit in with the five Commissioners. She stated it is not the first time the Board is going out for a search; it has done it in-house before also; so it is not like it is doing something that was not done before; but if it is not the direction the Board wants to go, that is fine and she will respect that.

Commissioner Voltz stated she would never seek to blame County staff for any financial woes; but any company needs to have somebody with a good financial background to help; there are some on the Board who do not have a financial background, do not know a lot about finances, and depend heavily on staff to give them direction on where they should go and how they should get there. She stated she would never assume that County staff would lead the Board in the wrong direction, but it needs strong direction.

Commissioner Scarborough stated he would make a motion to ask staff to come back with some amendments to the contract language based upon the conversations this morning and the Board could look at that on Thursday at its workshop. Chairman Pritchard stated he does not see why the Board cannot make a selection today. Commissioner Scarborough stated the Board can make a selection contingent upon everybody’s comments to look at the contract. Commissioner Voltz inquired if the Board is going to make a selection today and determine what goes into the contract on Thursday; with Commissioner Scarborough responding there are things the Board can do without paying for it; and there are things they can do that probably would be beneficial. Chairman Pritchard stated he does not think Thursday will give the Commissioners enough time. Commissioner Voltz stated they need to determine what needs to go into the contract and meet with County staff, so there is a lot of work. Commissioner Carlson stated she does not think the Board can get the person back on Thursday. Chairman Pritchard stated he would like to move forward with hiring the search manager and then at least have a week to meet with the search manager and look at the criteria that has been established for other positions of equal size, other county or city managers in cities of equal size, and come up with what he would suggest to be a good firm recommendation; and he would like to do that for himself. Commissioner Scarborough inquired if Chairman Pritchard is talking about the contract of what they are supposed to do and what the County is supposed to do or what; with Chairman Pritchard responding that is part of it; he would like to meet with the search manager, look at the contract and some criteria they have used and see what parts would fall in or out; and some smaller things would not be part of the contract like going to talk to someone’s barber. Commissioner Scarborough stated that is the nuts and bolts of doing a good search; and the emphasis on criminal background checks is not necessary as Sheriff Parker could have those to the Board in an hour.

Commissioner Scarborough stated the motion is to have an opportunity to revise the contract; and the contract that the Board agrees on needs to go to whoever is doing it, and maybe they should pay more or maybe they should pay less, but there needs to be discussion on the compensation after it has been redefined. Chairman Pritchard stated he will need a week.

Commissioner Colon stated the Board needs to be realistic; it is not going to be $25,000; that is what it paid years and years ago; by the time it is said and done, it is probably looking easily at $60,000 because one of the critical things Commissioner Scarborough was talking about is a very important part of the search. She stated when they send folks into the communities to talk to constituents, constituents will tell them what kind of CEO they are talking about, whether it is someone who can count to three and the heck with the other two or if it is someone that feels it is his way or the highway. She stated those are things that are critical; the Board needs to be careful what it wishes for as it might just get it; and that is the dynamics and where the price tag starts going up because that kind of research is crucial for them to get the feel of the community and the kind of individual they have.

Chairman Pritchard inquired if staff has the total vote; with Ms. Busacca responding they have five votes and the next Board meeting is April 12. She inquired if the Board would like to agenda the contract then; with Chairman Pritchard responding yes.

Central Services Director Steve Stultz advised Colin Baenziger received five first place votes.

Chairman Pritchard congratulated Colin Baenziger; and requested he contact his office and schedule an appointment as soon as it is good for him. He stated he will adjust his schedule so he does not interfere with other Commissioners; and he would like to meet with him ASAP. He stated he would like to look at some of the criteria used in other searches and possibly exclude some things they have done and also get a feel for what is included in the proposed fee and regimen of services that he was talking about. Commissioner Voltz stated she would also like a meeting with the firm.

Commissioner Scarborough stated if it becomes problematic for Mr. Baenziger to do that kind of investigation like going into the community, it is perhaps possible there are persons with the State Attorney’s Office and Sheriff’s Department who are capable of supplementing that; and if it appears to be cost prohibitive, they can supplement any function; and requested Mr. Baenziger’s suggestions; with Mr. Baenziger responding he would be happy to do that. Commissioner Scarborough stated if he cannot do the job, he could let the County do the job.

Chairman Pritchard congratulated Colin Baenziger & Associates, and thanked The Mercer Group and MGT for coming and making presentations. Mr. Baenziger stated he will get appointments scheduled to meet with all the Commissioners.

STAFF DIRECTION, RE: INCLUSION OF PLAN AMENDMENT IN 2005 PLAN
AMENDMENT CYCLE TO REMOVE MAP 9, OVERLAY FOR PORT ST. JOHN,
FROM THE FUTURE LAND USE ELEMENT

Commissioner Scarborough stated he has to leave the meeting at 2:30 p.m.; there is one item he would like to take care of, which is the Port St. John overlay; and he has not heard any problems about getting rid of it. He inquired if Linda McKinney has a problem taking the action suggested by staff; with Ms. McKinney responding no, if it is deleting it altogether, and she would support that.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to include a Comprehensive Plan amendment in the 2005B Plan Amendment cycle to remove Map 9, community overlay for Port St. John, from the Future Land Use Element. Motion carried and ordered unanimously.

The meeting recessed at 1:24 p.m. and reconvened at 2:03 p.m.

PUBLIC HEARING, RE: RESOLUTION AND EXCHANGE AGREEMENT WITH CHAPEL
OF THE HOLY FAMILY ASSOCIATION FOR WICKHAM PARK OUT PARCELS

Chairman Pritchard called for the public hearing to consider a resolution and exchange agreement with Chapel of the Holy Family Association regarding Wickham Park out parcels.

Commissioner Carlson advised they have been trying to negotiate with folks who own properties in the Wickham Park area to keep the integrity of the park intact; and they have come to some solutions with this item. She stated she does not have a problem with it.

Parks and Recreation Director Charles Nelson advised the Church has helped because the County’s appraisals were lower than what some individuals were willing to sell for; and by doing the swap, the County has been able to accomplish ownership. He stated some of the parcels they acquired are actually in the middle of some of the roads they have designed; so it is important to the County. He noted they could go to condemnation, but this seems to be a more favorable way to acquire the property.

Commissioner Carlson stated a deal was made with Stormwater Department because it is putting stormwater ponds in Wickham Park, that it would be the one to purchase the out- parcels; and inquired if there is any way they can have them negotiate with Mr. Ruffo to buy the property instead of trying to trade it off some place so they can keep the integrity of the park. Mr. Nelson advised Mr. Ruffo has a contract on the property; the actual owner was contacted, but again the appraisals that they had were not supportive of the market price of that property. He stated it is one of those parcels that is important to the park such that the Board may want to consider the appraisal issues; staff is also concerned as it is zoned Institutional and they want to put a business on the boundary of the park. Commissioner Carlson stated that item would have to go before the City Council of Melbourne. Mr. Nelson state if Mr. Ruffo moves forward on it, it will need to go before the City Council to change the zoning and land use plans; there are no commercial businesses in that entire block; everything in that block, including Brevard Community College, a school, and another park, are all institutional in nature; and it would be the first business. He stated if there is any way staff can do that, they will bring Ron Jones into it and talk about getting Mr. Ruffo to sell the property and work out the arrangements on pricing. Commissioner Carlson stated Wickham Park was the first regional park; it is important to keep the integrity of that park intact; and she would like the authority of the Board to help with any negotiations staff can do to negotiate market price or whatever it is, and look at what the property is worth. She stated she would like to go to the City of Melbourne and talk to the City Council to see if it would consider anything in terms of a trade or something like that.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution authorizing execution of an Exchange Agreement with Chapel of the Holy Family Association to acquire out-parcels in Wickham Park area; execute the Agreement; authorize the Chairman to execute County Deeds and any additional documents necessary to transfer the properties; authorize acceptance of Warranty Deeds from the Association; authorize staff to proceed with any negotiations they can do, market price or whatever it is, to keep the integrity of the park intact; and authorize Commissioner Carlson to go to the Melbourne City Council to see if it would consider a trade or something. Motion carried and ordered unanimously. (See pages for Resolution No. 05-075 and Agreement.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 04-50,
MEDSOLUTIONS, INC. TAX ABATEMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance No. 04-50, amending MedSolutions, Inc.’s ad valorem tax abatement to transfer the company’s exemption to its new location.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Ordinance No. 04-50; amending location of an economic development ad valorem exemption for MedSolutions, Inc. from 6100 Minton Road, Palm Bay, Florida to 1460 South Babcock Street, Melbourne, Florida; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-10.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 00-10, GLOBE
WIRELESS TAX ABATEMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance No. 00-10, amending Globe Wireless’s ad valorem tax abatement to transfer the exemption to its new location.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Ordinance No. 00-10; amending location of an economic development ad valorem exemption for Globe Wireless, Inc. from 2300 Commerce Park Drive, Palm Bay, Florida to 1571 Robert J. Conlan Boulevard, NE, Palm Bay, Florida; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-11.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 04-27, RMD
AMERICAS, LLC TAX ABATEMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance No. 04-27, to transfer RMD Americas, LLC’s economic development ad valorem tax abatement to its new location.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Ordinance No. 04-27; amending location of an economic development ad valorem exemption for RMD Americas, LLC from the City of Rockledge to 550 Cidco Road, Cocoa, Florida; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-12.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE
III, CHAPTER 42, CODE OF ORDINANCES, EMERGENCY MEDICAL SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an ordinance amending Article III, Chapter 42, Code of Ordinances, pertaining to emergency medical services, to eliminate reference to municipal service, provide that EMS non-ad valorem assessment for service availability fees may be imposed as a lien against improved property, correct scrivener’s errors to eliminate references to the northern and southern benefit units that no longer exist, and reflect the actual fee calculation methodology for the benefit area. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: SMALL AREA STUDY OUTLINE OF BABCOCK STREET/
MICCO ROAD AREA

Planning and Zoning Director Robin Sobrino advised the Board directed staff to look into the particulars of doing a small area study in the South Mainland area; and staff has set forth a couple of options in terms of the limits of the study with an explanation of the timeframes necessary to complete the study, depending on the size of the study area, scope of issues, and community involvement.

Commissioner Voltz advised she has a meeting with a number of people on Friday regarding the south area, so if possible, she would like to table this item to the next meeting so she can look further at the community needs and issues. She stated it would greatly help her to identify where she would like to go with her portion of the study.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to table staff direction regarding a small area study for Babcock Street/Micco Road area until April 12, 2005. Motion carried and ordered unanimously.

*Commissioner Scarborough’s absence was noted for the remainder of the meeting.

CONTRACT WITH VIERA COMMERCE PARK, LLC, RE: VIERA BOULEVARD
COMMERCE PARK

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute a Contract with Viera Commerce Park, LLC, guaranteeing infrastructure improvements in Viera Boulevard Commerce Park. Motion carried and ordered unanimously. (See page for Contract.)

STAFF REPORT, LEGISLATIVE INTENT, AND PERMISSION TO ADVERTISE, RE:
ORDINANCE AMENDING ZONING REGULATIONS AND COMPREHENSIVE PLAN
TO ENCOURAGE MIXED USES

Planning and Zoning Director Robin Sobrino advised Mel Scott raised the issue of mixed use during the Smart Growth Workshop; the Board directed staff to look at how it could encourage mixed use to further the goal of smart growth; and one of the issues Mr. Scott pointed out is that currently the County’s provisions to allow residential use in connection with commercial use are very limited in nature. She stated it only allows a residential use to be purely associated and accessory to the commercial operation on the property; so it would be a small unit for the owner or employee of the business. She stated Mr. Scott thought that discouraged the idea of mixed uses; and Zoning Manager Rick Enos did a report to evaluate some options the Board may wish to have staff pursue through a new ordinance that would encourage mixed use. Ms. Sobrino stated the most challenging portion of developing such an ordinance has been how to evaluate intensities of residential compared to commercial uses and to make sure that development rights that would be facilitated through an ordinance change would not allow someone to have unusual bundles of rights they do not currently have under the Zoning Regulations. She stated staff was concerned about double dipping; Mr. Enos has done a good job in trying to come up with the quantification of development rights; and they are proposed in his ordinance.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Option 1, direct staff to advertise any or all recommended amendments to Section 62-2106; and Option 2, direct staff to advertise an amendment to the Future Land Use Element Policies 2.6 and 2.8 in the 2005B amendment cycle and amendment to Section 62-2110. Motion carried and ordered unanimously.

Chairman Pritchard advised Mr. Scott is in favor of this and wrote, “supports advertising this wonderful idea.”

PERMISSION TO DESIGNATE AS SURPLUS, RE: 1961 PIPER AZTEC AIRCRAFT

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to recess as the Board of County Commissioners and convene as the Mosquito Control District Board. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to designate a 1961 Piper Aztec aircraft as surplus and dispose of it in accordance with Chapter 388.232, Florida Statutes, for a price equal to or greater than $78,000; and if no county, district, governmental unit, or private nonprofit agency offers to purchase the aircraft, grant permission to offer to and accept bids from the general public. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adjourn as the Mosquito Control District Board, and reconvene as the Board of County Commissioners. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING REFINANCE OF PIVOTAL UTILITIES HOLDINGS,
INC. (FLORIDA CITY GAS) PROJECT INDUSTRIAL DEVELOPMENT REVENUE
REFUNDING BONDS, SERIES 2005

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the issuance of Industrial Development Refunding Revenue Bonds (NUI Utilities, Inc. Project), Series 2005, in an aggregate principal amount of not exceeding $20,000,000, for the purpose of making a loan of funds to Pivotal Utility Holdings, Inc. in order to refinance the obligations of Pivotal Utility Holdings, Inc. under a Loan Agreement with the County and thereby refund the Brevard County, Florida, Industrial Development Revenue Bonds (NUI Corporation Project), Series 1994; providing that such revenue bonds shall not constitute a debt, liability, or obligation of the State of Florida or any political subdivision or agency thereof, but shall be payable solely from the revenues herein provided; approving and authorizing the execution and delivery of a Loan Agreement with Pivotal Utility Holdings, Inc.; approving and authorizing the execution and delivery of an Indenture of Trust; appointing the Bank of New York Trust Company, N.A. as initial trustee thereunder; authorizing the Chairman or Vice Chairperson of the Board of County Commissioners to award the sale of the bonds to Morgan Stanley & Co. Incorporated and SunTrust Capital Markets, Inc., and approving the conditions and criteria of such sale; authorizing the execution and delivery of a Bond Purchase Agreement with Morgan Stanley & Co. Incorporated and SunTrust Capital Markets, Inc.; approving the form and authorizing the execution and delivery of an Official Statement; and providing certain other details in connection therewith. Motion carried and ordered unanimously. (See page for Resolution No. 05-077.)

PERMISSION TO ADVERTISE PUBLIC HEARING AND INITIATE PROCESS, RE:
ORDINANCE ESTABLISHING CHARTER SCHOOL IMPACT FEE CREDITS

Commissioner Voltz advised Florida Statutes 12.33 declares all charter schools are Florida public schools; and Senate Bill 3000 sponsored by Representative Thad Altman and approved by the Governor basically states the same thing, therefore, the Ordinance should include all charter schools. She stated she was not on the Board when the Ordinance passed, therefore she does not know how it reads compared to the Senate Bill and Florida Statute.

County Attorney Scott Knox advised the Ordinance allows the School Board to determine where the school impact fee money is spent based upon criteria set forth in the Ordinance; and one of the things the School Board can rely on is the use of the impact fee for municipally-sponsored charter schools, but there are none in Brevard County. He stated the legislation Commissioner Voltz referred to also authorizes the use of those impact fees for other types of charter schools; and that is what is not in the Ordinance right now. Commissioner Voltz stated it should be included because the State Legislature says all charter schools are public schools.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize staff to advertise a public hearing to consider an ordinance amending the Educational Impact Fee Ordinance to allow future public or nonprofit charter school impact fee credits. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: BAREFOOT BAY WATER
AND SEWER DISTRICT vs. BURKIM ENTERPRISES, INC., ET AL

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize staff to schedule an executive session on April 7, 2005, at 5:00 p.m. to discuss the lawsuit of Barefoot Bay Water and Sewer District vs. Burkim Enterprises, Inc. et al. Motion carried and ordered unanimously.

AWARD OF QUOTE TO LANGTON ASSOCIATES, RE: GRANT APPLICATION
SERVICES FOR MAX RODES PARK AND PRESERVE

Chairman Pritchard advised he requested the item be pulled because he wants it to be very public in what the Board is doing since it made a change midstream from what it initially began with, and that was hiring a company that was going to provide the Board with the opportunity for a significant grant; but it turned out to be at a fairly significant cost. He stated the Board realized that because another person came who does that type of work and said she can do it for much less. He stated his concern is whether they can put their money where their mouth is and the County can get the $1.2 million to be done by a grant writing company other than the one it initially contracted with; and as it turns out, the person who made the initial pitch to the Board came in the highest of the five bidders; so it looks like she is not even in the picture. He stated Langton Associates have given a bid of $9,000; and inquired who was part of the RFP process; with Interim County Manager Peggy Busacca responding Mr. Lusk can help provide information.

Assistant County Manager Don Lusk advised after the decision was made not to use Leisure Grant Services and it decided not to accept the Board’s offer for the price it was willing to pay, staff sent out requests for qualifications to companies and had them submit proposals to the County. He stated staff ranked them by the dollar price; they started with Langton and checked their references with the State and FCT; and they checked out very well in terms of previous work they had done. He stated he cannot remember the statistics, but they had good success with those types of grants; so staff’s position is that the company can write the grant and do a good job based on its previous experience. He stated staff has continued to work on some of the things that need to be put together for the grant; so they feel they can work with the company to put together a grant application that would be successful in getting the $1.2 million.

Commissioner Carlson inquired if Langton Associates is a local firm; with Mr. Lusk responding it is from Tallahassee. Commissioner Carlson stated she is not sure what the Board intended when it decided not to go with the other grant writer; and inquired if it is expecting to use Langton for other grants or is this a pilot program; with Mr. Lusk responding staff’s position is they needed to get grant writing assistance so they would not miss the deadline of May; but they have not looked at the larger perspective of how they should be doing grant writing. He stated it looks like a one-time thing right now; but the Board may see other requests to get grant writing assistance. Commissioner Carlson stated she is not sure what the Board intended when it decided not to do the grant writing with Leisure Grant Services, although she is happy with the way it went; it was an organization that was looking at all the stuff that was out there, getting it in order, and taking some of the heat off Parks and Recreation; and they had someone who could come in who had a high percentage of success to leverage dollars for the County. She stated she does not want to see it come in piecemeal and wonder how it is being managed; she does not know how many of those folks look at the big picture in terms of grant opportunities; and inquired if any of those companies do that; with Mr. Lusk responding his understanding is that none of those companies look at the big picture; they look at the grants they are asked to write and have specialty in those areas; and his thought would be the Board may want to put out some type of procurement if it is looking for a company to do a bigger picture.

Ms. Busacca stated it is the intent to put out an RFP to talk about grant writers they could have available on a continuing service contract basis; there are at least three different kinds of grants, Parks and Recreation grants seem to be different than Health and Human Services grants; and they would identify those that have the specialty. She stated Leisure Grant Services brought something else to the table and that is other services besides just grants; but that type of service would have to go out for bid because they were much broader than grants.

Commissioner Carlson stated staff is going to bring back some options so the Board can discuss them; she would like to look at the bigger picture, but is not sure if they were trying to focus on Parks and Recreation, EEL-type of acquisitions, and getting money back for acquisitions. She stated Sue Schmitt said the Board might have overlooked that; and she does not want to miss any opportunities if there are ways to administer them more effectively and take staff out of grant writing and put them into the administrative process to make sure the grants get done; and she would like to see something like that come back for discussion, but go forward with this item.

Commissioner Colon stated the previous firm came on a weekend to look at the comprehensive picture; and she is interested in finding out if staff asked them now that they do not have the contract if they are interested in being compensated. Mr. Lusk stated that did happen and it was not pretty; the firm was not interested in the price the Board was willing to pay; but the Board will see a bill from Leisure Grant Services in the future for the work it did.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to award low quote to Langton Associates at $9,000 for grant writing services to Florida Communities Trust for Max Rodes Park and Preserve. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: BUDGET AND FINANCIAL EXCEPTION REPORT
FOR THE FIRST QUARTER THAT ENDED DECEMBER 31, 2004

Chairman Pritchard advised he pulled the item and asked Finance Director Steve Burdett to comment because the report is not telling him a lot; he contacted the Sheriff who provided feedback; and he asked him to provide the same to the other Commissioners.

Finance Director Stephen Burdett advised his office prepared the report before to provide input to the Board at the end of three months, which not only emphasized where departments are but projects where they expect to be at the end of the year, especially the jail operating fund. He stated revenue collected will affect cash carryover if not spent. He stated Natural Resources Management is under for the first quarter; maybe it is not fully staffed or did not spend in the evaluating review; but the report should advise the Board on that. He stated the review function seems under collected for the year. He stated the $450 million in the General Operating Ffund is inflated budget and takes into account all the transfers that are made within departments; if someone did not read the Agenda Report and saw that departments were only 11% spent after the first quarter, that would sound very impressive and the Board would think it would have a lot of money at the end of the year; but he can assure the Board its departments will be more than 44% spent by the end of the fiscal year; so he would be careful how he would put that graph together. He stated in the past Finance reported on the General Fund major revenues; that information would also be of interest to the Board and probably should be part of this report so the Board can see how its sales tax and State revenue sharing are coming in and whether it may or may not have a surplus; and it is going to help the Board plan for whether it should have that surplus to carry over when it is planning for its next budget, and give it an idea of what its financial position is. He stated Natural Resources revenue is slightly under collected for the first quarter and it could be maybe they are not fully staffed or do not expect to spend all in the environmental review part of the office; but that would be helpful if the report advised the Board on it. He stated looking at Natural Resources in the past years it appears those revenues from the environmental review function seem to be under collected for the year; and that information would also be of interest to the Board. Chairman Pritchard inquired, when saying under collected for the year, when would they catch up with collections; with Mr. Burdett responding if environmental permits are budgeted at $450,000 but only collect $60,000 in the first quarter, that might indicate they are not going to get $450,000 for the year. Mr. Burdett stated there are some revenues collected that are seasonal in nature like franchise fees; certain parts of the year people use more electricity to keep their homes cool so the Board will see a lot of revenue come in for the months of June and July; and that is what is considered seasonal collection. He stated he does not know if environmental permits are seasonal or whether they fall in the trend of building permits, but they were somewhat under collected in the first quarter; and it should be reported whether they expect that to be collected through the rest of the year and if it is not collected, how is the department going to accommodate on the expenditure side. He stated another department he looked at was SCAT; they have a $700,000 loan outstanding; the main purpose of the loan was to have cash to stay afloat; and in addition to the loan remaining outstanding, that Department commonly is in the cash negative of about $200,000 at any given point, which means they are paying more bills than they are bringing in money to keep the office afloat. He stated some personnel explained there is a timing issue of when they get the grant, and he understands that; one decision the Director made was to start requesting those funds more frequently; and that has helped, but the Department is still in the negative cash position and he would suggest the Budget Office look at it more closely every time and report to the Board why they are in a negative cash position and what needs to be done to resolve it. He stated sooner or later the $700,000 loan is going to need to be paid off; and being in a negative cash position is not going to help that.

County Manager Peggy Busacca advised staff is aware of the SCAT issue; Mr. Lusk and Mr. Liesenfelt have been talking about reduction of services that will be required; so that is not something that escapes them. She stated they are aware of it and intend to look at it on the department level rather than in the quarterly report. Mr. Burdett stated he understands that and is not criticizing anybody, but is saying those are the types of financial issues that the Board may want to regularly see the status of; and this is the best report to see it in. Mr. Burdett stated the other Department he looked at was Utilities; it is operating fine and within budget; for the last several years Finance has been working closely with them because there have not been major rate increases and the bonds that support the infrastructure require coverage; the coverage and revenues over the expenditure requirements are gradually falling from 135% to 120% for the year just ended; it is going to be about 109% this year; and it is required to be maintained at 100%. He stated at some point he expects the office to come to the Board with some type of resolution to stay within bond coverage requirement. Chairman Pritchard inquired if that is a fancy way of saying raise the rates; with Mr. Burdett responding yes. Mr. Burdett stated his overall comment is the report should not only state what the condition is at any given point but also give some ideas of how the Board is going to do for the remainder of the fiscal year and update it each quarter.

Commissioner Voltz stated that is what she was talking about at the workshop; on a quarterly basis the Board needs to know how much it has available to spend and how much it is minus in the revenue side; and even if they do not switch it out to put it back into the general fund, it would have some idea of what it may be looking at by the end of the quarter or end of the year. Commissioner Voltz stated if that is done quarter by quarter, by the end of the third quarter, the Board should have a good idea where it is going to be at the end of the fiscal year. She stated it may be a timing issue but she questions page 3 under Parks and Recreation, where it says “revenues recognized were lower than anticipated due to the delay in posting of the transfer from General Fund.” She stated a lot of it is that General Fund revenue was not transferred; she does not know if it is a timing issue; and inquired is there any way they can do that differently so they can get a better picture because it does not give the Board a good picture. Budget Director Dennis Rogero stated it is a timing issue; and as another example, the Board will see throughout the document references to the balance forward anticipated to be recognized in the second quarter. Commissioner Voltz inquired if there is any way they can have it recognized in the first quarter; with Mr. Rogero responding he would have to defer to Mr. Burdett on the General Fund transfer and balance forward recognition as they typically wait until the second quarter to recognize that as they get the actual expenditures and what is being carried forward from the previous fiscal year. He stated he is not aware if that can be done any quicker; but Mr. Burdett might disagree. Mr. Burdett stated cash forward is nothing more than unspent funds carried over from the prior year; and if the Board is going to be looking at the percentage of an office’s operation, say building permits, it should understand that the cash forward at $1 million made part of its revenue budget is not relevant when it wants to look at how the building permits are coming in. He stated building permits are a major revenue; if the building permits are budgeted at $2 million, the Board is going to want to know at the end of the first quarter whether they collected $500,000 or so; and it does not want to be concerned about the cash forward. He stated at the closing of the books for the prior year, Finance will send a report to the Board and Mr. Rogero and say the office projected it is going to carry over this amount, this is what it actually did carry over, and the Board and the Budget Office need to decide how it is going to be appropriated and whether it is going to be reserve or put back in operations. He stated cash forward is not a revenue source that the Board needs to be concerned with. Commissioner Voltz stated she was talking more about the General Fund transfers; throughout the report it says it has not been recorded because of the General Fund transfer delays; so the Board does not know what kind of numbers it is looking at. Mr. Burdett stated transfers are like cash forward; they are subsidies in the General Operating Fund to keep Parks and Recreation or whatever department afloat and operating; and he would suggest the Budget Office report on what those revenues are coming in at. He stated it is not a concern as to whether the funds are being transferred to the offices because sooner or later they will be; and they are simply bookkeeping issues.

Commissioner Carlson inquired if Mr. Burdett is saying they need a cash flow analysis as part of the report so the Board can see how the money is flowing and whether there are positions that have not been filled or whatever. Mr. Burdett stated yes, they are cash flow issues; the main thing the Board wants to know is if it is receiving its funds as anticipated and is staff spending them in the confines that the Board set; if they are spending less, that is good news; and the Board can decide if it wants to spend it somewhere else or save it. He stated if the revenue is coming in less for an office, then the Board may want to say if the revenues do not come in, is it expected to subsidize the department more or does the department have plans on cutting back its operation. He stated the Board really needs to know that information for major offices. Commissioner Carlson inquired if that would be evident in a cash flow analysis; with Mr. Burdett responding yes. Commissioner Carlson inquired if the Finance Department would be the one that would produce that or would the Budget Office produce it. She stated the Board could use more information in the exception report because it does not give the Commissioners all the information; a lot of things Mr. Burdett brought up are important for the Board to be able to look towards the future and budget for different things or not budget them or whatever; so understanding how the cash flow works, at the end of the year it would be helpful if Finance might be able to add a little bit to the report. Mr. Burdett stated prior to Mr. Jenkins leaving, they discussed reissuing reports like the Finance Department did in the early 1990’s on the Board’s budget condition; it was decided in Administration that they did not want departments cooperating with his office to put the information together; he is not saying anything out of disrespect, but the Board has a Budget Office and it decided it did not want Finance issuing that type of report. He stated if the Board wants Finance to go back and do it, he must say his office has stayed status quo as far as people; and to start putting it on his office may require more people; and he will have to come back to the Board if that is what it is interested in doing. Commissioner Carlson stated maybe the Board should ask the Budget Office.

Assistant County Manager Stockton Whitten advised from the Administration perspective in regards to Mr. Burdett’s report, it is not that they did not want departments to comply, but it is generally the same report the Budget Office is issuing today. He stated regarding timing, the departments were in the middle of the hurricanes or some other major task and did not have the time to sit down with Finance and provide them with the information; and in essence, it would be the same information that appears in this report. He stated if the Board were to look at the revenues and project how they are coming in on the broader perspective into the general fund, and not look at the transfers that are or are not occurring within departments, then staff is not going to be able to provide the Board a snapshot by way of the departments; and it is important to know when transfers are occurring so it can look at each department and at the revenues from a broader perspective and know the effect they have on the departments’ budgets. Mr. Burdett stated he respects Mr. Whitten’s statement, but does not completely agree that transfers are really that relevant; the only reason transfers would be relevant is if the funds they are being transferred from do not have sufficient funds for it; and outside of that, whether they transfer funds from the General Fund to Parks and Recreation is really not that important because sooner or later they will be transferred.

Chairman Pritchard inquired what does Mr. Burdett think would be of benefit to the Board to include in the report; with Mr. Burdett responding the Board needs to know by department if the revenues they expect to collect from user fees, licenses, and any other types of sources are coming in as expected; if they are not, then the Board needs to make some decisions of how to resolve that; and the same holds true on the expenditure side. He stated there are some departments that have seasonal expenditures like Parks and Recreation that needs part-time people in the summer; information like that can be provided to the Board and monitored within the departments to keep the Board informed as to whether Parks and Recreation or any other department needs to change how it is funding its department or maybe cut back on expenditures, whatever the case may be. He stated he does not know if the Commissioners are interested in just looking at a bunch of numbers with percentages and statistics; he enjoys it because he is an accountant; but he would think the Board might find it easier to go through the report if it had several sentences within each department saying yes, they are within it or they are not, and if not, they need more explanation as to why they are not and what suggestions they may have. Chairman Pritchard stated he is not interested in micro-managing this, but thinks having a summary of a couple of lines would serve him as well as looking at the charts and graphs and whatever else. He stated a couple of lines regarding each department would put into focus where they are and where they think they are going; and that would work better for him. Mr. Rogero stated Mr. Burdett had some good points; it sounds like they are framing the report differently; and if so, the Board is going to see a report very different in substance than the broad strokes it is seeing in the current report. He stated not only will it be a different format, but it sounds to him like the Board is leaning toward a report that is much more detailed in the analysis and information given to it; and as Mr. Burdett said about the Finance staff, his staff was decreased in the current budget year so if the report changes, it is a service level enhancement from the Budget Office’s perspective, which they may have some difficulty accommodating. He stated that is not to say they cannot pool their resources with Finance, as it sounds like any report the Board and County Manager agree on is going to have input of both agencies; but from a service level point of view, further discussions may be warranted.

Commissioner Colon stated what has been said is addition to the report; she does not think the Board is asking for any other report; the only things that are going to be added are expectations on a quarterly basis if they are right on track; and that is all the Board is saying is being able to get a pulse of the County being on track. She stated that is what she has heard; she has not heard anything complicating; she would not allow for it to be so complicated personally because they would need to hire somebody to stick it in the budget if that was the case; but the Board is just adding to what is already a good report with that kind of information that would be a few lines basically saying they are right on track. She stated it would allow the Board to know if it has to raise fees to accommodate the expectations they have; that is all the Board is asking for; and that is what she pictures she will approve.

Commissioner Carlson inquired if SAP can accommodate that kind of report and was it not the whole reason why the Board got SAP to begin with so it could get various scenarios out of the computer. Mr. Whitten stated the data for the report was pulled off of SAP; and to get an accurate snapshot of each department, the General Fund transfers need to occur in sync with the issuance of the report.

Chairman Pritchard inquired if Mr. Burdett could send the Commissioners an idea of what he thinks that summary line should be, look through the report and delete some of things he may feel are extraneous so that the Board can have something that is brief and succinct and gives it an idea of what is coming in, what is going out, and where it is going to be in the next quarter and by the end of the year. Mr. Burdett stated he will put something together for the Board. Commissioner Carlson stated if Mr. Burdett could put a report together of his suggestions, that would be all she would need. Chairman Pritchard stated he would like to mesh that and see what is in the report that he likes; he does not have a problem redoing the report because oftentimes folks that do them fully understand why they are being laid out in the manner they are laid out.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to acknowledge receipt of the Budget and Financial Exception Report for the first quarter that ended December 31, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: LETTER TO CONGRESSMEN WELDON AND FEENEY

Chairman Pritchard advised he was just handed a draft of a letter the Board spoke of, addressed to Congressmen Weldon and Feeney to be signed by him, talking about support of permitting sand, etc.; and inquired if it meets the Board’s expectations. Commissioner Colon stated it meets her expectations.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to Congressmen Weldon and Feeney request support of permitting the sand project. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING DEBT CEILING OF THE COUNTY

Chairman Pritchard stated he pulled the item so he can get a clear understanding why the Board is asked to raise the debt ceiling.

Economic and Financial Programs Director Greg Lugar stated in 1994 the Charter had a section that set a debt ceiling of $15 million for any type of loan or indebtedness, but writers of the Charter contemplated construction would increase; and in Section 5.34, it provided a process for the Board to maintain a level to purchase the items in future years; and this resolution will allow that using the CPI and cost increase from 1994 to 2005.

Chairman Pritchard inquired if the Board is putting itself in a precarious position with bonding agencies; with Assistant County Manager Stockton Whitten responding the County is going through a bond process for the jail, and bond counsel raised that as a disclosure issue. He stated it is a limitation that has to be disclosed to the bond buyers; and it requires raising the ceiling in debt if the Board wants to do another project.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution amending the County’s debt ceiling based on the CPI as provided by County Charter and Ordinance No. 02-65. Motion carried and ordered unanimously. (See page for Resolution No. 05-076.)

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:57 p.m.

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

___________________
SCOTT ELLIS, CLERK

(S E A L)